NPA's legal bungles are doing a disservice to SA's justice system

Shamila Batohi's tenure as head of the National Prosecuting Authority has not bathed her in glory, and it's no wonder the public thinks that politicians and politically exposed persons are above the law.

- By Tebogo Khaas

There is a well-known, albeit facetious, saying in legal circles in the US that underscores the ease with which prosecutors can obtain an indictment from grand juries: “A grand jury would indict a ham sandwich.”

Although one might accuse the national director of public prosecutions, advocate Shamila Batohi, of a litany of missteps, the one charge that could never justifiably be levelled against her is that she has lived up to the expectations of her office since her appointment six years ago. Let me explain.

Having assumed her role as head of the National Prosecuting Authority (NPA) amid much fanfare and soaring expectations, Batohi's palpable urgency to atone for the prosecutorial authority's past and current failings is unmistakable.

Yet, her tenure has been marked by a series of high-profile and, some would argue, spectacular missteps, ranging from the bungled prosecutions of the Gupta brothers, Matshela Koko and Timothy Omotoso to the recent handling of allegations against Moroadi Cholota in the corruption case involving former Free State premier Ace Magashule.

Collectively, these failings have arguably inflicted greater damage on the credibility of the NPA and the rule of law than the cumulative legacy of all her predecessors.