Key Takeaways:
- The National Prosecuting Authority (NPA) has faced criticism due to several high-profile setbacks in 2025, including the acquittal of Nigerian pastor Timothy Omotoso and the declaration of Moroadi Cholota’s extradition as unlawful.
- Outgoing NDPP Shamila Batohi has defended the NPA, arguing that its successes outweigh its setbacks and highlighting progress in establishing the Investigating Directorate Against Corruption (Idac) and improving capacity within the NPA.
- The NPA is facing a leadership transition, with six candidates shortlisted to succeed Batohi, including Idac head Andrea Johnson and former NDPP Menzi Simelane.
- The next NDPP will face the challenge of reversing public perception and rebuilding confidence in the NPA, which has been impacted by its failure to secure high-profile convictions and extradite key figures in state capture cases.
- The NPA’s struggles are compounded by its lack of specialised skills in complex prosecutions, particularly those linked to state capture, and the need to target systemic corruption rather than just individual perpetrators.
Introduction to the NPA’s Challenges
The National Prosecuting Authority (NPA) is facing a critical juncture, with outgoing National Director of Public Prosecutions (NDPP) Shamila Batohi set to retire in January 2026. The institution has been under fire due to a string of high-profile setbacks in 2025, which have raised questions about its ability to restore public confidence. Despite these challenges, Batohi has defended the NPA, arguing that its successes outweigh its setbacks. In this article, we will examine the NPA’s recent losses, its efforts to defend itself, and the challenges facing its next leader.
Recent Setbacks
The NPA has faced significant criticism in 2025, with several major cases collapsing under its watch. In April, Nigerian pastor Timothy Omotoso and his two alleged recruiters, Zukiswa Sitho and Lusanda Sulani, were acquitted of a wide range of charges, including racketeering, human trafficking, rape, and sexual assault, after an eight-year trial. The judge ruled that the state had failed to prove its case beyond a reasonable doubt, prompting public outrage and renewed scrutiny of the NPA’s prosecutorial capacity. The NPA is appealing the Omotoso judgment. Another significant setback was the declaration of Moroadi Cholota’s extradition from the United States as unlawful. Cholota, former personal assistant to ex-Free State premier Ace Magashule, was among 18 co-accused in the R255 million asbestos corruption case.
Further Criticism
The NPA has also faced criticism for dropping corruption charges against former Cabinet minister Zizi Kodwa in 2024. The state had accused Kodwa of receiving R1.6 million in payments and luxury accommodation from former EOH Group executive Jehan Mackay between 2015 and 2016. The NPA’s struggles are compounded by its failure to secure the extradition of Atul and Rajesh Gupta — central figures in state capture during former president Jacob Zuma’s tenure — from the United Arab Emirates (UAE). Arrested in Dubai in 2022, the brothers remain beyond South Africa’s reach after an extradition request was rejected in 2023. The Guptas are implicated in several high-profile corruption cases, including the Nulane Investment fraud and the Vrede Dairy Farm scandal.
Defending the NPA
Despite mounting criticism, Batohi has repeatedly defended the NPA, insisting that claims of systemic failure are exaggerated. Speaking to Parliament last month, she argued that the institution’s successes outweigh its setbacks. Batohi highlighted progress, such as the full establishment of the Investigating Directorate Against Corruption (Idac) and improved capacity within the NPA. She also emphasised the challenges posed by a lack of specialised skills in complex prosecutions, particularly those linked to state capture. Even when convictions are achieved, Batohi argued, they tend to target individuals rather than institutions, leaving systemic corruption largely intact and vulnerable to exploitation by "new crooks".
Leadership Transition
Interviews for Shamila Batohi’s successor took place between 10 and 11 December in Pretoria. Six candidates were shortlisted for the position, including Idac head Andrea Johnson, former NDPP Menzi Simelane, Advocate Nicolette Bell, former Investigating Directorate head Hermione Cronje, Advocate Xolisile Khanyile, and Advocate Adrian Mopp. As the NPA approaches a leadership transition, the question remains whether the next NDPP can reverse public perception and rebuild confidence in South Africa’s top prosecuting authority. The next leader will face significant challenges, including addressing the NPA’s lack of specialised skills, improving its prosecutorial capacity, and securing high-profile convictions.
Conclusion
In conclusion, the NPA is facing a critical juncture, with its ability to restore public confidence hanging in the balance. While outgoing NDPP Shamila Batohi has defended the institution, highlighting its successes and progress, the NPA’s recent setbacks have raised significant concerns. The next leader will need to address the NPA’s challenges, including its lack of specialised skills, its failure to secure high-profile convictions, and its inability to extradite key figures in state capture cases. Ultimately, the NPA’s success will depend on its ability to rebuild public trust and demonstrate its commitment to fighting corruption and upholding the rule of law.
