Lindsay Dentlinger12 November 2024 | 6:04

Reviewing decision to drop criminal charges against ANC's Zizi Kodwa will take time: NPA boss

Shamila Batohi said it’s unfair to suggest ulterior motives were at play when Gauteng head of prosecutions Andrew Chauke announced earlier this month that Kodwa was off the hook on corruption charges.

Reviewing decision to drop criminal charges against ANC's Zizi Kodwa will take time: NPA boss

Former Sports, Arts, and Culture Minister Zizi Kodwa appeared in the Specialised Commercial Crimes Court in Palm Ridge on 5 June 2024 on corruption charges. Picture: Xanderleigh Dookey Makhaza/Eyewitness News

CAPE TOWN – The head of the National Prosecuting Authority (NPA) Shamila Batohi says she’s still reviewing a decision to drop criminal charges against former minister and African National Congress (ANC) spokesperson Zizi Kodwa. 

But she says it’s unfair to suggest ulterior motives were at play when Gauteng head of prosecutions Andrew Chauke announced earlier this month that Kodwa was off the hook on corruption charges. 

Delivering Freedom Under Law’s democracy lecture in Cape Town on Monday night - Batohi said despite President Cyril Ramaphosa not having acted on her request to suspend Chauke more than a year ago, she believes the president is committed to the effective running of the NPA.

Reviewing a decision to drop corruption charges against Kodwa will take time, said Batohi.

The NPA Act requires several parties to be consulted, including the former accused. 

But Batohi says it’s unfair to insinuate misconduct on the part of Chauke. 

“I will objectively deal with the matter and see whether the DPP [Director of Public Prosecutions] was correct or not, in my assessment. 

In August 2023, Batohi requested President Ramaphosa to suspend Chauke over his fitness to hold office. 

Batohi says technical issues have hampered the process.

"The state of play as it is, is not good for the individual concerned, or for the prosecuting authority. It is important that there’s a process that is swift and that whatever the outcome is, we live with it and we move on. 

Batohi says she continues to push for the disciplinary matter to be expedited. 

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Batohi says the financial and operational independence of the NPA will be critical to its future effectiveness.

Earlier this year, former Justice Minister Ronald Lamola pledged legislation to this effect would be tabled in Parliament by January next year. 

But Batohi said there’s been little movement on this. 

Batohi says while it’s problematic that the Director-General of Justice controls the purse strings of the NPA, the authority is not seeking complete autonomy.

“It’s not independence from the executive authority. There are some who are calling for a Chapter 9 institution. There are very few countries in the world who have a model like that. 

Batohi says she’s raised the matter with new Justice Minister Thembi Simelane because the NPA can’t initiate the necessary legislation. 

“I’m seriously concerned that it’s not moving fast enough, but we are not sitting by idly. I’ve been trying to engage with various persons in terms of how we can try to move this process forward.”

With issues of the NPA’s independence being raised by the Auditor General as far back as 2005, Batohi hopes this administration will affect the necessary changes.