NPA Gauteng, Pretoria Division head, Advocate Sibongile Mzinyathi, has outlined some of the unit’s successes in the courts for the year 2023/24.
Mzinyathi, who briefed the media on Thursday, said even though the Gauteng region has recorded impressive conviction rates across its courts, it was still taking too long to finalise corruption cases.
Despite celebrating high conviction rates across various courts, he acknowledged a pressing concern: the protracted timelines in finalising 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.
However, he expressed optimism, citing enhanced cooperation with chief prosecutors that has reportedly led to a notable increase in the number of cases concluded in this category.
Among the high-profile cases under scrutiny is the controversial matter involving former Eskom CEO Matshela Koko.
His trial on allegations of fraud, corruption, and money laundering – linked to an astounding R2.2 billion state capture case involving the Kusile Power Station – faced dismissal last November due to unreasonable delays.
This precedent has raised serious concerns about the NPA’s ability to prosecute significant corruption effectively.
Just this month, the director of public prosecutions withdrew fraud and corruption charges against former Sports, Arts, and Culture Minister Zizi Kodwa and former EOH executive Jehan Mackay.
The fallout from these decisions sparked intense debate within political circles, with many questioning the efficacy of current prosecutorial strategies as Kodwa faced accusations of receiving a R1.6 million bribe.
National Director of Public Prosecutions, Advocate Shamila Batohi, addressed these challenges during her presentation to Parliament’s Standing Committee on Public Accounts (SCOPA).
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.
Batohi pointed to the complexities arising from cases linked to the state capture inquiry, indicating that much of the evidence presented during the Zondo Commission lacked the robustness needed for judicial scrutiny.
On a more encouraging note, Mzinyathi announced that the Gauteng division has achieved an impressive conviction rate of 91.9% in the high court, translating to 68 convictions out of 74 cases finalised. The high court’s docket includes serious charges such as murder, rape, femicide, sexual crimes, human trafficking, and various organised and commercial crimes.
Additionally, Mzinyathi reported a commendable 83.3% conviction rate in traditional courts, alongside significant strides made in high-profile corruption cases, such as those related to the Steinhoff graft and the VBS Bank heist.
However, the NPA’s progress remains stymied in the Life Esidimeni tragedy, cases linked to Covid-19 corruption involving the Digital Vibes company, and the fraud case against self-proclaimed prophet Shepherd Bushiri.
Challenges persist, with the NPA voicing concerns over insufficient resources and a lack of specialised personnel to address high-profile crimes adequately.
The Star