Q&A with NDPP Shamila Batohi on Omotoso case

How serious is the NPA about gender-based violence?

Extremely serious. It has been a top priority.

So why was such an incompetent prosecutor put in charge of the Omotoso case?

Let me say that the allegations against a prosecutor relating to misconduct three years ago led to certain prosecutors being removed from this case. With regard to the judge's criticism of the current prosecutors, the directors of public prosecutions in the provincial divisions of the NPA are responsible to ensure that prosecutors with the appropriate skills are appointed, particularly in high-profile, high-priority matters

Don't you have any oversight over the NPA in your provincial divisions?

The NDPP is of course in overall charge of the NPA, but in terms of the legal framework provincial directors of public prosecutions are also appointed by the president and have the responsibility of managing prosecutions in their divisions.

What if, as in this case, they mess up?

We have put together a team to look at the findings of the judge with regards to the skills of the prosecutors in this case. I have also asked the DPP in the Eastern Cape for a full report.

Why were red flags about the lead prosecutor's competence and ethics ignored by the NPA?

They weren't ignored. When red flags were raised three years ago the prosecutor was immediately removed

And put in charge of the NPA's R170m Fort Hare fraud and corruption case?

I was outraged when I heard that last week, because as I said the DPPs are responsible to allocate prosecutors in the division. I have asked the DPP for a report.

You didn't know that the lead prosecutor in the Fort Hare corruption case was the same lead prosecutor the judge removed from the Omotoso case for incompetence and unethical behaviour?

I was not aware up until now

Shouldn't you as NDPP be monitoring the prosecution of such high-profile cases more closely?

There are lots of high-profile matters that DPPs report to the national director on. As the national director I have to have confidence that the DPPs who are accountable for what happens in their divisions are doing what they're supposed to do.

Omotoso's acquittal must surely raise questions about how many others accused of GBV, corruption, murder and so on are walking free because of the incompetence of NPA prosecutors?

I think it's very dangerous to say that because of one case, one very, very important case, prosecutors are generally incompetent. Our conviction rate in GBV cases is around 70%. We have a unit that ensures that prosecutors are specially trained to handle GBV cases.

So how can the NPA's lead prosecutor in such an important GBV case admit in a sworn affidavit that he doesn't know the legal definition of rape?

The prosecutor who admitted that was removed three years ago. A new team was put in place

Which according to the judge's comments was even more incompetent?

The judge had criticisms about the cross-examination skills of the new prosecutors. That's something we're looking at.