MEDIA STATEMENT
Public Interest SA Statement on Discord Between the Department of Justice and NPA
Johannesburg, Sunday, 22 September 2024 - Public Interest SA is dismayed and gravely concerned by the mounting tensions between the Department of Justice and Constitutional Development and the National Prosecuting Authority (NPA). The public discord between these key institutions—while South Africa faces an unprecedented criminal onslaught and glaring shortcomings in prosecuting state capture corruption—paints a grim picture for the rule of law and justice in our country.
This breakdown in relations comes at a time when the NPA must act decisively in prosecuting complex cases related to state capture. Yet, instead of a concerted effort to bolster its prosecutorial capabilities, the NPA appears mired in internal struggles. While the NPA’s reliance on the Zondo Commission report should be acknowledged, its initial, monopolistic claims over the material, coupled with its several missteps in Gupta-related prosecutions, highlight weaknesses in its internal processes.
The appointment of esteemed advocates Paul Pretorius and Matthew Chaskalson, both of whom have extensive experience with the Zondo Commission, should be seen as necessary measures to strengthen the NPA's prosecutorial armament. The notion that their appointments were made under a "cloud of secrecy" is baseless. Given the scale and complexity of state capture cases, the NPA requires every available resource, particularly individuals with proven expertise. The failure to prosecute individuals involved in heinous crimes, such as those connected to the assassination of whistleblower Jimmy Mohlala, further erodes public trust in the NPA’s ability to hold perpetrators accountable.
It is perplexing that certain opportunistic members of parliament and political parties are now demanding security clearance certificates for Pretorius and Chaskalson, rather than advocating for the swift processing of such clearances, should this be a legal impediment. The irony is unmistakable, considering that some of these voices belong to individuals who played a role in enabling state capture corruption. Were it not so serious, their newfound concern would be almost laughable.
Public Interest SA calls on both the Department of Justice and the NPA to immediately set aside their differences and prioritize the nation's interests. The specter of corruption and crime cannot be allowed to persist unchecked because of bureaucratic infighting. Those who have plundered the country’s resources and betrayed the public trust must be brought to justice, and this can only happen if the NPA and Department of Justice work together in unity.
Moreover, the allegations swirling around Minister Thembi Simelane and suggestions that she is being targeted for resisting certain pressures are troubling. Public confidence in the integrity of the criminal justice system is already fragile. If public perception solidifies around the notion that political interference is driving the dysfunction between these institutions, it will only serve to embolden criminal elements, many of whom continue to walk freely despite their deep involvement in state capture.
It is also deeply troubling that more than six months after Public Interest SA's engagement with the NPA, the matter involving high-profile corruption accused linked to former Mbombela municipality speaker Jimmy Mohlala's assassination remains in limbo. The NPA’s failure to re-enroll the case at the Pretoria High Court, more than 15 years since Mohlala's assassination, is an indictment on its commitment to delivering justice for whistleblowers who paid the ultimate price for their courage.
"The NPA must urgently reevaluate its strategy if it truly seeks public sympathy and support. Accountability, transparency, and a commitment to results are the only ways to restore public confidence. Blaming external factors for internal inefficiencies and sheer ineptness is no longer acceptable.
In the final analysis, it is high time that senior functionaries at the NPA and the Department of Justice acted like responsible public officials rather than indulging in petulant displays of discord. The South African public deserves better. We need an unwavering commitment to justice, not a justice system in turmoil while state capture criminals roam with impunity," says Tebogo Khaas, chairperson of Public Interest SA.
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Photo: Daily Sun
Issued by: Public Interest SA
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