National Director of Public Prosecutions (NDPP) Shamila Batohi has backtracked on her claim that the National Prosecuting Authority (NPA) had been “infiltrated,” following an urgent meeting with Justice Minister Mmamoloko Kubayi.
According to the Sunday Times, Kubayi summoned Batohi after her infiltration remarks raised serious concerns.
The minister revealed that Batohi admitted to using “the wrong word” and clarified that her concerns were about individual prosecutors allegedly sabotaging cases: not systemic infiltration.
Minister Kubayi’s Intervention
Kubayi told the Sunday Times:
“After the interviews of the NDPP, I met her yesterday [Friday] urgently, because if somebody says the NPA is held from doing its work I need to understand. It’s my duty as the minister because I would have to advise the president, who would have to do a lot of things if it’s indeed the case.”
She added:
“In my discussion with her, which we agreed would have to be clarified, she said it’s unfortunate that she used the word ‘infiltration’.”
Batohi reportedly expressed concerns about prosecutors collaborating with criminals to derail cases, prompting Kubayi to propose lifestyle audits for all prosecutors.
High-Profile NPA Failures Under Scrutiny
The controversy follows several high-profile NPA defeats, including:
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The collapse of Ace Magashule’s corruption case due to an invalid extradition.
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The acquittal of Nigerian televangelist Tim Omotoso on multiple sexual assault charges.
Kubayi acknowledged public frustration but defended the NPA:
“You have 90% of cases going well and then you have 10% that are not… You can’t say it’s a collapse of the NPA when you reflect on two cases.”
Lifestyle Audits for Prosecutors
Kubayi revealed she had ordered lifestyle audits for all prosecutors after receiving allegations of bribery:
“I told them I want all of them to go through lifestyle audits… so that when somebody says your prosecutors are taking money, I can stand with confidence to say, ‘No, I’ve audited them.’”
While Batohi’s “infiltration” claims have been retracted, concerns remain over NPA efficiency and prosecutor integrity. With Kubayi engaging President Ramaphosa on possible investigations, the prosecuting body faces mounting pressure to restore public trust.