South Africa’s criminal justice system is facing intense political scrutiny following a series of high-profile prosecutorial failures by the National Prosecuting Authority (NPA) under the leadership of National Director of Public Prosecutions (NDPP)  Advocate Shamila Batohi.

These setbacks have sparked public condemnation from political parties such as the Economic Freedom Fighters (EFF), ActionSA, and the Democratic Alliance (DA), all of whom have called for urgent intervention to restore public trust and accountability. 

Batohi is at the center of the criticism, with growing pressure for structural reforms and even calls for her removal.

The EFF has expressed deep concern over recent comments by Batohi, who admitted that the NPA is under pressure and has been infiltrated, yet refused to acknowledge any leadership crisis.

The party pointed to Batohi’s admission of widespread criticism in more than a dozen cases, particularly those involving gender-based violence (GBV), including the prolonged and scandal-ridden trial of Timothy Omotoso, as symptomatic of institutional failure.

The EFF has demanded an urgent parliamentary debate into Batohi’s comments and the broader state of the prosecuting authority. EFF spokesperson Sinawo Tambo slammed Batohi’s leadership, stating:

“The crisis at the NPA is not only one of infiltration, it is one of denial, incompetence, and weak leadership. Her tenure has been marked by delays, deflections, deterioration, and disappointment. The NPA does not need excuses, it needs decisive leadership, transparency, and urgent intervention.’’

Thambo noted that the people of South Africa deserve a prosecuting authority that functions without fear or favour. What we have instead is an institution in crisis, led by someone who cannot admit that there is a crisis at all.

ActionSA has gone further by calling for Batohi’s immediate removal and a full parliamentary inquiry into the extent of political interference within the NPA.

The party cited the collapse of the asbestos corruption case involving former Free State Premier Ace Magashule as the latest in a series of prosecutorial blunders under Batohi’s leadership.

ActionSA Parliamentary leader Athol Trollip stated: “The NPA has become a refuge for the politically connected, a place where accountability is avoided, justice is delayed and prosecutions collapse with shocking regularity.”

Referring to key failures such as the Omotoso trial, the Bushiri extradition debacle, and the NPA’s inability to bring the Gupta brothers to justice, Trollip said:  “Let us be clear that this is not just about one failed case. The pattern is undeniable,” said Trollip.

“Under Shamila Batohi’s leadership, the NPA reels from one scandal to the next. South Africans are left wondering if these failures are merely a result of incompetence, or is there a deliberate agenda to protect the corrupt?”

ActionSA said they will formally request Justice Minister Mmamoloko Kubayi to begin the process of removing Batohi under Section 12 of the NPA Act.

Meanwhile, the DA is proposing a wide-reaching reform package to address what it calls the NPA’s systemic collapse. At the core of the DA’s proposal is the establishment of an independent Anti-Corruption Commission, dubbed “Scorpions 2.0,” which would operate free from political interference.

DA Spokesperson on Justice and Constitutional Development Glynnis Breytenbach said: “If you’re tired of delays and dropped cases, we’re demanding proper budgets, better staff, and public reporting to hold the NPA accountable.

”The NPA has failed to secure a single successful prosecution of a politically connected figure implicated in state capture.”

She pointed to several high-profile failures, including the Vrede Dairy Project, the Zizi Kodwa matter, the Omotoso trial, and the mishandling of the Cholota extradition, as evidence of a “broken” system.

“Parliament must support our reforms, or continue protecting the status quo where the corrupt rule with impunity. The time to fix the NPA is now,” Breytenbach said. 

hope.ntanzi@iol.co.za

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