Political allegiances and interference within the National Prosecuting Authority (NPA) allegedly play a role in its failure to secure convictions in high-profile cases.

A source with intimate knowledge of the inner workings of the prosecuting body said the NPA has experienced factionalism, particularly within its leadership, which impacts its independence and effectiveness.

They said this is the reason behind some prosecutors joining political parties immediately after leaving the NPA, highlighting that political alliances are hidden until they leave.

The NPA’s record in initiating prosecutions and securing convictions for high-profile corruption cases is dismal.

It has failed to prosecute a significant number of major corruption cases long identified in forensic reports into Prasa, Transnet, and Eskom, and the Zondo Commission. 

In several instances, these reports provided the NPA with a complete or near-complete basis to issue an indictment. Not one high-profile politician responsible for state capture has been successfully prosecuted.

The body, constitutionally mandated to institute criminal proceedings on behalf of the state, also declined to prosecute President Cyril Ramaphosa for the Phala Phala scandal, where a total of $4 million (R62 million) was stashed inside a couch at his home.

The National Director of Public Prosecution (NDPP), Shamila Batohi, has been under fire for these failures. 

Last month, Batohi caused a stir when she said that the NPA had been infiltrated by unscrupulous prosecutors working with criminals to bungle cases deliberately.

Batohi said the NPA was having internal challenges, adding that some prosecutors may not be aligned with the vision of really fighting for the rule of law in this country. 

However, she refused to divulge who had captured the institution, how it was captured, and the extent of the interference.

Sources within the NPA said this is because there were individuals linked to political allegiances and personal agendas among the prosecutors.

They said these factions influence the appointments, promotions and even the handling of high-profile cases.

“There have been internal power struggles with factions emerging that are perceived to be aligned with different political figures or interests. That is why we need to look at some of these appointments, because they are political. They are appointed to handle some of the high-profile cases, especially those involving politicians. This is why you see some of these prosecutors leaving to join political parties,” said the sources.

The NPA’s spokesperson, Mthunzi Mhaga, declined to comment on these allegations. 

The Department of Justice also did not comment.

The Progressive Civics Congress said the fact that the NPA has been mum about the “Steinhoff heist saga”, where billions of rand from the Government Employees Pension Fund were squandered, shows that it has been infiltrated.

The organisation said this also raises serious concerns about the government institutions, especially the judiciary. 

“Same with the Phala Phala saga, where evidence of foreign currency was hidden under a couch on the farm of Ramaphosa. He was protected because of White Monopoly Capital (WMC). 

“The State Capture Commission was established, and a report was handed over to the President. The recommendations of the report have, till today, not been fully implemented, and instead, they picked a few to target their political opponents,” said General Secretary Sipho Shange.

The EFF said Batohi’s remarks about infiltration and sabotage within the NPA, are not a revelation but a late admission of a truth the party has been shouting about for years.

“The truth is this: the NPA has been captured, from within and from above. Certain prosecutors are no longer neutral officers of the court, but political operatives, working hand-in-glove with powerful politicians and external interest groups like AfriForum, for money, promotions, and protection. Some have even joined political organisations, turning the NPA into a political battlefield instead of a vehicle for justice,” said EFF’s Parliament media liaison, Andiswa Madikazi, adding that this is precisely why the justice system continues to collapse under the weight of corruption and racial double standards.

Asked to comment on the allegations, AfriForum spokesperson Barry Bateman said: “We have no comment, but have created this office to privately prosecute those individuals who are sheltered from prosecution because of their political connections.”

Madikazi also claimed that the NPA failed to prosecute the Phala Phala scandal because it had been politically captured, infiltrated, and deliberately sabotaged from within. 

“There is no justice, only protection of the corrupt and persecution of the powerless. The NPA no longer serves the people. It serves the ANC and its allies.”

Action SA leader Herman Mashaba said his party has, over the years, raised serious concerns regarding the performance of the NPA, in particular regarding pursuing corruption and fraud cases involving politicians. 

Political analyst, Professor Sipho Seepe, said Batohi has arguably been set up. 

He said this because she was probably given the suspects before the alleged crimes were investigated. 

“The likes of Matshela Koko, Brian Molefe, and Siyabonga Gama have already been found guilty by popular opinion. This has placed too much pressure on Batohi. We have seen this play itself out in the case of Duduzane Zuma, who had for months been branded a fugitive from justice. When he came to bury his brother, he was arrested and treated like a violent criminal, only for the case to be thrown out,” Seepe said. 

manyane.manyane@inl.co.za

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