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Corruption in municipalities is overwhelming, says Shamila Batohi

National director of public prosecutions advocate Shamila Batohi says they have their hands full with allegations of corruption at municipal level. File photo.
National director of public prosecutions advocate Shamila Batohi says they have their hands full with allegations of corruption at municipal level. File photo.
Image: ALON SKUY

National director of public prosecutions (NDPP) Shamila Batohi on Friday described the corruption in many of SA's municipalities as overwhelming.   

She was responding to queries by MPs in parliament’s portfolio committee on co-operative governance and traditional affairs (Cogta) who, among other things, criticised the NPA for its slow pace in getting matters to court and accused the authority of being selective in its handling of cases. 

“We are agreeing that there is so much to do and it's overwhelming, the amount of corruption, particularly in the municipal spaces. A lot more needs to be done,” Batohi said.  

In its report of more than 100 pages, the prosecuting authority, working alongside the Hawks and Special Investigating Unit (SIU), said it had made significant progress in getting matters onto the court roll.

Batohi said before 2019 when she took up office, there was little or no willingness to pursue high-profile prosecutions.

We don’t target people. We follow the evidence and it doesn’t matter who is at the end of the evidence
Shamila Batohi, NDPP

“There was no movement in these matters. There was no will to deal with these cases and so now, there is a deep commitment to make sure that we do everything possible to rid our country of the scourge of corruption.”

Batohi has previously come under fire in parliament, particularly for the NPA’s Investigating Directorate's failure to successfully prosecute a single case since its inception three years ago.

 On criticism of a lack of high-profile corruption convictions, Batohi cited the use of “Stalingrad” litigation by accused people attempting to avoid trial, and capacity issues.

The “Stalingrad” strategy referred to a tactic used by defendants who appeal against every unfavourable ruling and implement every means possible to delay court proceedings.

While some MPs said the NPA was not tough on high-ranking politicians, Batohi said they were not after individuals. 

“We don’t target people. We follow the evidence and it doesn’t matter who is at the end of the evidence. When the matter is fully investigated and the NPA is able to take a decision, it doesn’t matter who is at the end of that. We will prosecute in line with our constitutional mandate, irrespective of which political parties, regardless of how powerful people are or not.”

She cautioned law enforcement agencies, including the NPA, against becoming entangled in political battles ahead of upcoming party elective conferences.  

“We’ve got to be really careful about being drawn into political discussions as we move towards conferences at the end of this year. Law enforcement gets entangled in various dynamics and so we really have to be careful that we hold the line and ensure that we do what we are constitutionally mandated to do and nothing more.”   

She assured MPs the authority was hard at work addressing capacity issues. This would enable the institution to deal with more cases, she said.  

The SIU’s head advocate, Andy Mothibi, said in all instances where the unit had made findings, it was based on credible evidence it had gathered and it would continue to do so.

“Honourable chair and members, we really want to assure this committee that we will do our best. That is our mantra. We have signed up for that and we will not relent on that one.”

Chairperson of the committee Fikile Xasa rallied behind the NPA, SIU and the Hawks.  

“Law enforcement agencies must deal with corruption and focus on it, so there is no question about that. Do your work without fear, prejudice or favour. That is our attitude as a committee,” he said. 

TimesLIVE


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