NPA mustn't be a tool of hidden agendas

The case of Moroadi Cholota, former personal assistant to Ace Magashule, has become a lightning rod for allegations of prosecutorial misconduct by National Prosecuting Authority.

- Setumo Stone

At its core lies a stark contradiction: the NPA's 2020 declaration to the court that Cholota would testify as a state witness, despite no formal agreement with her. This act, which is compounded by procedural irregularities and ethical violations, exposes systemic flaws in the NPA's adherence to legal standards and its duty to uphold justice.

Section 204 of the Criminal Procedure Act governs the designation of state witnesses. This provision mandates that prosecutors secure a witness's cooperation through indemnity agreements, which are subject to judicial scrutiny. Critically, the witness must testify "frankly and honestly", and their immunity is contingent upon providing full disclosure.

However, Cholota's affidavit reveals that the NPA bypassed these requirements. She says she learnt about her label as a state witness in November 2020 through media reports, not official channels. By her account, the NPA never formally discussed this role with her, nor did they secure her voluntary consent, a foundational element of Section 204.