Is the NPA failing SA? A dive into incompetence and corruption

THE National Prosecuting Authority (NPA) is facing a crisis of credibility, with a string of failed cases and allegations of incompetence and corruption.

- MANYANE MANYANE AND MASHUDU SADIKE

The recent decision by the Free State High Court to withdraw charges against Moroadi Cholota, the former assistant to former ANC secretary-general Ace Magashule, has highlighted the NPA's struggles.

According to legal experts and political commentators, the NPA's challenges are deep-seated and multifaceted.

According to Richard Spoor, a legal expert, the NPA's problems are rooted in a lack of leadership, inadequate resources, and a failure to retain skilled personnel.

In the Cholota case, the NPA failed to follow the correct procedure for extraditing her from the US, leading to the charges being withdrawn.

In other cases, such as the Koko and Nulane cases, the NPA has been accused of failing to secure cooperation from key witnesses.

In October 2022, Matshela Koko and seven other people, including members of his family, were arrested on corruption charges relating to an Eskom contract.

He was accused of soliciting bribes from Eskom contractors, who received lucrative contracts at Kusile Power Station. He was released a year later, and the court ruled that there was an unreasonable delay on the part of the State to proceed with the trial.

Iqbal Sharma, the head of Nulane Investments, was also acquitted by Bloemfontein High Court Judge Nompumelelo Gusha, who said both the police and the NPA had been inept in their handling of the Nulane Investments fraud and money laundering case they had been facing.

The NPA's failures have also been highlighted in several high-profile cases.

In the case of former president Jacob Zuma, the authority has been accused of delaying and hindering prosecution.