NPA clean-up sparks rebellion and 'racism' claims

National Prosecuting Authority (NPA) boss Shamila Batohi is facing a fightback as she moves against corrupt elements within the prosecuting authority.

The latest salvo is a petition to President Cyril Ramaphosa. It is signed by 30 prosecutors from Gauteng who are rallying behind chief prosecutor Phumeza Futshane.

In a letter dated October 28 2020, in possession of the Sunday Times, the signatories say Batohi has conducted "secret and malicious" investigations of Futshane. They accuse Batohi of wanting to frame Futshane.

"As her prosecutors, we know the intention is to tarnish her good name, good work and to frame her in order to remove her from her position since she is an African woman," the letter says.

The prosecutors say Futshane brought about "transformation". "We believe that her persecution and threats to remove her from the cluster are unjustifiable, unfair and without any reasonable grounds."

The disgruntled prosecutors believe the motive for the investigation is "political". They provide no evidence to back up their claim.

Futshane is the wife of Andrew Chauke, who is the provincial director of public prosecutions in Gauteng.

Chauke stymied efforts to prosecute former crime intelligence head Richard Mdluli and Gen Jan Mabula, who was implicated at the Zondo commission into state capture and in the Special Investigating Unit's report on graft at the SABC, which was linked to former SABC COO Hlaudi Motsoeneng and others. Mdluli has since been convicted and jailed for kidnapping and assault.

Chauke is also named in the De Kock report that details malfeasance by senior prosecutors in the NPA.

The report was commissioned by Batohi when she took charge at the NPA.

Batohi inherited a broken and hollowed out institution that was severely compromised during the state capture years.

The Sunday Times spoke to several prosecutors in Gauteng who dismissed the petition as a "pushback" to derail Batohi's efforts to clean up her own back yard.

You must remember there are vested interests that were protected here. Look at the cases we are currently placing on the roll. It is cases that have been dragged and delayed. Some as long as nine years. I am not surprised that there is resistance

—  Senior investigator

"I have seen the petition. I can categorically say there is no racism on the part of the NDPP [national director of public prosecutions].

"We are all treated fairly. I have worked with her, and the Investigative Directorate head advocate Hermione Cronje," a senior prosecutor said.

A senior investigator, close to the criminal cases of state capture involving corrupt cops, prosecutors and politicians, said there was "resistance" to the cleanup inside the criminal justice cluster, including the NPA.

"You must remember there are vested interests that were protected here. Look at the cases we are currently placing on the roll. It is cases that have been dragged and delayed. Some as long as nine years. I am not surprised that there is resistance," the investigator said.

Calls to clean up the NPA have been spearheaded by several individuals and organisations.

These include former KwaZulu-Natal Hawks boss Gen Johan Booysen, who was wrongfully prosecuted because he refused to drop investigations of powerful figures linked to Jacob Zuma.

Booysen has laid criminal complaints against Moipone Noko, the NPA provincial head in North West, and state advocate Sello Maema.

Noko was found to have broken the law in her efforts to charge Booysen with racketeering.

Booysen has written to Batohi's deputy, Rodney de Kock (author of the De Kock report), following Noko's open letter to prosecutors in the NPA.

Noko had complained that Batohi's efforts to hold her liable amounted to harassment.

Noko's letter was circulated on social media and is similar to the petition by the 30 prosecutors who accuse Batohi of going after Futshane.

In his correspondence to De Kock, Booysen says he views Noko's actions as a direct attack on the NPA and the rule of law.

"Advocate Noko previously made herself guilty of committing fraud when she and advocate Sello Maema, also from North West province, misrepresented evidence to the erstwhile NDPP, advocate Shaun Abrahams, to procure authorisation to prosecute myself and others for racketeering.

"I have detailed the falsehoods succinctly in an affidavit, which I submitted to the police for investigation into the two advocates' unlawful conduct. I understand the investigations have been taken over by the investigative directorate of the NPA," Booysen writes in his letter.

The letter, a copy of which is in possession of the Sunday Times, has been received by De Kock.

On Friday, news broke that Batohi had axed the KwaZulu-Natal head of the Asset Forfeiture Unit (AFU) and former acting AFU head Knorx Molelle.

Molelle was placed on precautionary suspension by justice minister Ronald Lamola. In a letter, also in the Sunday Times's possession, Lamola says he has been informed of the "serious" allegations against Molelle by his superiors and had no choice but to place him on immediate suspension.

"I view these allegations in a serious light, given their gravity and possible impact on the reputation of the entire organisation. I have therefore accepted the recommendation that you be placed on precautionary suspension and investigation be carried out to test the veracity of the allegation of misconduct against you," Lamola says.

The decision took immediate effect and Molelle remains on full pay.

Lamola says Molelle's alleged misconduct relates to the "appointment and payment of curators in the McKinsey, Estian [Estina] and Intaka matters".

The cases were efforts on the part of the state to claw back some of the millions siphoned off through corrupt state capture activities.

Molelle led the AFU's hasty and clumsy move to seize the assets of Gupta-linked Trillion Capital Partners that were linked to dodgy deals with Eskom and involved the consulting group McKinsey.

NPA spokesperson Sipho Ngwema declined to comment.

• Brown is anchor of 'The Fix' on eNCA