National Prosecuting Authority (NPA) head Shamila Batohi is currently assessing the decision to drop criminal charges against former minister and ANC spokesperson Zizi Kodwa. Earlier this month, Gauteng’s head of prosecutions, Andrew Chauke, announced that Kodwa would not face corruption charges, a decision Batohi clarified was made without “ulterior motives.”
Organized crime expert Chad Thomas explained that the situation doesn’t necessarily mean Kodwa is off the hook for good. Thomas clarified, “It doesn’t seem as if a nolle prosequi certificate (it is a formal document issued by NPA that confirms the NPA’s decision to not prosecute a case) was issued,” which would have allowed a private prosecution to be lodged within a specific timeframe. Without this certificate, Thomas pointed out that the state retains the ability to reopen the case if new evidence surfaces or investigative requirements are met.
Thomas also commented on Batohi’s approach to crime prioritisation, noting her statements that crimes such as housebreaking and stock theft require attention alongside high-profile cases like state capture. Thomas proposed that less severe crimes might benefit from alternative resolutions, such as mediation or arbitration. He emphasized, “In America, they distinguish between misdemeanours and felonies, but we don’t have that distinction in South Africa.” He added that establishing specialized courts could reinforce public confidence in the justice system.
Highlighting resource and capacity limitations within the NPA, Thomas cautioned that cases should be thoroughly investigated before going to trial, especially high-stakes cases under significant political and public pressure. Referring to state capture cases, he observed, “It sometimes seems that the trigger is being pulled a little bit too soon because the case hasn’t been fully and properly investigated.”
He stated that the NPA currently lacks the capacity to effectively prosecute not only high-profile cases but also a wide range of other criminal offenses.
Listen to the full interview below:
VOC News
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