NPA accused of fake it till you make it approach to state capture matters. Picture: Oupa Mokoena
“I asked that everybody go to court, because you are a team, but we ask that everybody be dressed to the nines and they were dressed to the nines and I asked that they carry those file boxes...with your files make sure the spines are all marked. Even if there is nothing in the file (laughter). I just hope they had something in the files--but they looked (acted) the formidable team and sometimes colleagues, that is half the battle. Look the part, you end up being the part and you end up playing the part,” this is what advocate Johnson is said to have said to an audience of NPA officials
This is as in recent years, the National Prosecuting Authority (NPA) has found itself embroiled in controversy as accusations of ineffectiveness in tackling state capture intensify.
In recent weeks, the agency has been scrutinised for its failure to prosecute key state capture matters, raising questions about its capability and integrity.
Allegations that the NPA has been employing a "fake it till you make it" strategy resurfaced from 2022 when Andrea Johnson, the current head of the Investigating Directorate (ID), was purportedly recorded confirming this alarming approach.
During an internal meeting, Johnson highlighted that this method has profoundly influenced how the NPA officials conduct their work.
"NPA has been using a 'fake it till you make it' strategy on frivolous state capture cases they drag through the courts without any evidence.
They are coached to walk into court with empty files/boxes," Johnson is reported to have stated.
Johnson was appointed by President Cyril Ramaphosa on 28 February 2022, succeeding Advocate Hermione Cronje, who vacated the role earlier that month.
Since her tenure commenced, the Investigating Directorate has faced criticisms of not only managing its high-profile cases but also of attracting quality personnel to bolster its ranks.
Reports indicate that this staffing issue is now adversely affecting the authority's ability to produce tangible prosecutions and hold those implicated in state capture accountable.
In a particularly troubling signal of the NPA's struggles, a recent case against former sports, arts and culture minister Zizi Kodwa was withdrawn due to insufficient evidence.
This decision came as a disappointment to those who had initially supported the NPA’s assertion that they possessed a robust case against the minister and his co-accused, Jehan Mackay.
The Director of Public Prosecutions (DPP) deemed it necessary to withdraw the charges, leaving many to question the NPA's competency and commitment to justice.
In another high profile matter, the NPA was found wanting again and was forced to struck the matter between the state and former Eskom CEO, Matshela Koko off the roll.
Koko who along with others were embroiled in a R2 billion Eskom corruption court saga lashed against the NPA over endless delays.
After his matter was struck off the roll, Koko said: “Even if the National Prosecuting Authority (NPA) were given 100 years to investigate me, they would come out with nothing.”
NPA spokesperson, Advocate Mthunzi Mhaga refused to comment on this matter and referred The Star to Johnson’s personal spokesperson, Henry Mamothame who was not available for comment at the time of going to print.
Last week, The Star reported that NPA Gauteng, Pretoria Division head, Advocate Sibongile Mzinyathi said even though the Gauteng region has recorded impressive conviction rates across its courts, it was still taking too long to finalise corruption cases.
Mzinyathi added that lack of resources and skilled personnel were the key factors in some of the challenges faced by the unit, especially with high-profile crimes.
“We continue to experience challenges in the finalisation rate of corruption matters. These cases require prosecutors with specialised skills and are often hotly contested by the accused in court,” he added.
“These cases are often hotly contested by accused individuals, which results in lower finalisation rates,” Mzinyathi explained, noting that the complexities of high-profile cases contribute to the delays.
National Director of Public Prosecutions, Advocate Shamila Batohi, addressed these challenges during her presentation to Parliament’s Standing Committee on Public Accounts (SCOPA) last month.
She emphasised that while it’s vital to hold individuals accountable for corruption, mere prosecutions cannot dismantle the systemic corruption that has plagued South Africa.
The Star
siyabonga.sithole@inl.co.za