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	<title>Advocate Shamila Bathohi Archives - MDNtv</title>
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		<title>Shamila Batohi has doused the NPA fire and is rebuilding the house</title>
		<link>https://mdntvlive.com/shamila-batohi-has-doused-the-npa-fire-and-is-rebuilding-the-house/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=shamila-batohi-has-doused-the-npa-fire-and-is-rebuilding-the-house</link>
		
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		<pubDate>Fri, 11 Nov 2022 04:15:46 +0000</pubDate>
				<category><![CDATA[POLITICS]]></category>
		<category><![CDATA[Advocate Shamila Bathohi]]></category>
		<category><![CDATA[NDPP]]></category>
		<category><![CDATA[NPA]]></category>
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		<category><![CDATA[Shamila Batohi]]></category>
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					<description><![CDATA[<p>The self-indulgent private fitness center Shaun Abrahams was so proud to point out off the final time I used to be on this workplace six years in the past is gone. The kitchen is again. The workplace of the NDPP is a lot brisker, much less masculine, the partitions painted a delicate blue and lined [...]</p>
<p>The post <a href="https://mdntvlive.com/shamila-batohi-has-doused-the-npa-fire-and-is-rebuilding-the-house/">Shamila Batohi has doused the NPA fire and is rebuilding the house</a> appeared first on <a href="https://mdntvlive.com">MDNtv</a>.</p>
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<p>The self-indulgent private fitness center Shaun Abrahams was so proud to point out off the final time I used to be on this workplace six years in the past is gone. The kitchen is again. The workplace of the NDPP is a lot brisker, much less masculine, the partitions painted a delicate blue and lined with South African regulation studies.</p>
<p>‘We needed to make it lighter, more positive’ Batohi explains to me as she settles in for our interview. She has been reticent about doing in-depth interviews with journalists for the first few years of her tenure however now that there is recognisable motion on high-profile state seize circumstances she is prepared to speak.</p>
<p>To admire what Batohi has been occupied with for the final 4 years let me take you again to 2016 after I was final on this workplace deep in the rabbit warren of the VGM constructing in Silverton.</p>
<p>Shaun Abrahams and his eyebrows have been the topic of the nation’s amusement and ire, he was being mercilessly mocked, he was at the helm of an overwhelmingly factionalised and damaged organisation and he was accused of being politically captured. The NPA had misplaced half of its capability and the morale of those that have been left was decimated.</p>
<p>When Batohi returned from her job at the ICC to tackle this poisoned chalice, she described the NPA as a ‘house on fire’. She is now nearer to the finish of her tenure than the starting (she has served 4 years and has three left – a traditional time period is ten years however she has to depart when she is 65).</p>
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<p>How would she describe the NPA now I ask?</p>
<p>“We’ve certainly doused the fire. Actually, the house is being rebuilt… we’ve certainly put the foundations down, really strong foundations and that was a really important part of rebuilding. That was a challenge when I first took office, the expectations were unrealistically high, understandably so when one thinks about what has happened in the past ten years,” she says. “We’ve been really hard at work rebuilding the institution. You’ll notice from our annual report that we are ‘reaching solid ground’, you can’t build a solid house on a shaky foundation so there has been a lot of back office work happening like getting the strong leadership, policies, processes.”</p>
<p>Crucially, she now not believes the organisation is factionalised. She says she is nonetheless coping with sure employees members who had been ‘compromised’ however admits this is taking longer as a result of there has to be a good course of.</p>
<p>Recently, advocacy group Open Secrets launched a damning report on the NPA. <a target="_blank" href="https://www.opensecrets.org.za/investigation-bad-cops-bad-lawyers/" rel="noopener">Bad Cops, Bad Lawyers</a> describes how the NPA and the Hawks are ‘still scrambling to rebuild’ and is essential of Batohi’s failure to behave in opposition to these implicated in corruption and laments the delay in bringing these answerable for state seize crimes to e book. One of the first high-profile bulletins Batohi made was appointing Adv Hermione Cronje as the head of the Investigating Directorate tasked with going after state seize criminals. Cronje left prematurely and by some accounts, the relationship soured due to a breakdown in her relationships with colleagues at the Hawks and the NPA. Batohi is at pains to be diplomatic about this and bristles after I counsel it might have been a mistake to nominate her. (Note: Cronje is now head of litigation at Open Secrets). </p>
<p>Since Adv Andrea Johnson took over as head of the ID there has been headline-grabbing motion with the unit reaching its goal of bringing 9 seminal state seize circumstances to court docket by the finish of September. There is little doubt the tide is turning.</p>
<p>In what Batohi describes as a ‘game-changer’ and ‘huge’, the President additionally final month introduced that the ID can be made everlasting and can be given investigative powers. This is certainly a game-changer as a result of it means the ID now not has to depend on different regulation enforcement companies to construct proof and it could possibly appeal to top-notch assets with the safety of tenure.</p>
<p>“Success begets success and there’s a good mood in the team and this is only the start.”</p>
<div itemprop="image" itemscope="" itemtype="https://schema.org/ImageObject"><img decoding="async" loading="lazy" src="https://cdn.primedia.co.za/primedia-broadcasting/image/upload/c_fill,w_700/b42q3wdbqfpmkj79zcbh" itemprop="contentUrl" alt="Shamila Batohi, the national director of public prosecutions at the National Prosecuting Authority. Photo: Abigail Javier/Eyewitness News"/></div>
<p>Batohi is aware of full effectively that the NPA can be judged on whether or not these answerable for the mammoth looting throughout the Zuma period can be delivered to e book and be held accountable. They can be judged in court docket. </p>
<p>“The pressure on the NPA from day one when I took office was to ensure that the perpetrators of state capture are held accountable and as the national director and as a citizen of this country, that is hugely important for me as a citizen like the millions of South Africans who want to see justice, we all know what state capture has done in the country and the poor and the vulnerable have suffered the most. </p>
<p>“After a lot of building and capacity and resourcing, it does feel like things are coming together but we are not where we want to be and there’s still a lot of work. We can not take our collective foot off the accelerator. There’s so much more to be done. Look at the Zondo Commission, it’s a mountain to climb but at least we are climbing and we are moving in the right direction. We may take a few tumbles on the way up. That’s to be expected but hopefully, it doesn’t bring us right down. I have such confidence in the resilience and commitment and dedication of people that are doing this work that I’m confident that even when that happens we will pick ourselves up and dust ourselves off and keep moving up because for the country we cannot afford not to do that.” </p>
<p>The NDPP anticipates that she and her prosecutors will come below heavy fire as these circumstances come to court docket. The stakes are excessive and she anticipates there can be makes an attempt to distract them from their work. </p>
<p>“One of their strategies is you don’t defend the case in a court of law, you attack everything else in the hope that the case goes away,” she explains. She won&#8217;t compromise the security of prosecutors and witnesses however worries that this is very costly to fund. </p>
<p>She is additionally aware of the extremely charged political setting she and her group is working in. The NPA might discover itself in the midst of a political tsunami if President Cyril Ramaphosa is charged in reference to the Phala Phala case earlier than or after the ANC’s elective convention in December. It feels lots like 2007 and everyone knows how that film ended. </p>
<p>Batohi insists she received’t compromise on upholding the rule of regulation however she additionally must handle selections in a accountable means. </p>
<p>“Politics has nothing to do with the decision to prosecute, I want to make that very clear, but the reality is we don’t work in a bubble. We work in a highly politicised environment. We need to hold the line of the rule of law and decisions are taken no matter who is at the end of the evidence and we need to understand the implications of our decision making, it has consequences.”</p>
<p>One of the greatest hurdles forward is going to be overcoming the Stalingrad defence of the accused and makes an attempt to pull trials by means of the courts for years. Batohi says they&#8217;re engaged on a method for this however insists the judiciary additionally bears some duty. </p>
<p>“We can ensure our litigation strategies and our arguments in court are extremely strong with case law to support us, but the judiciary has an important role to play in this as well. The granting of postponements for frivolous reasons has to be something the courts have to think carefully about. It’s a constitutional right to a fair trial, the accused can defend but where you have delaying tactics brought in bad faith, the judiciary must recognise this and put a stop to it. At the end of the day, this will be detrimental to the entire rule of law project.”</p>
<div itemprop="image" itemscope="" itemtype="https://schema.org/ImageObject"><img decoding="async" loading="lazy" src="https://cdn.primedia.co.za/primedia-broadcasting/image/upload/c_fill,w_700/ods9aux30yno308gefbx" itemprop="contentUrl" alt="Shamila Batohi, the national director of public prosecutions at the National Prosecuting Authority. Photo: Abigail Javier/Eyewitness News"/></div>
<p>Ongoing delays will not be in the pursuits of the nation. People must be held accountable and the nation needs convictions greater than the rest. Batohi is absolutely conscious of this.</p>
<p>She is cautiously optimistic that the Guptas can be extradited to South Africa to face trial and she says we are going to see much more circumstances coming to court docket. There are additionally excessive hopes for convictions. Plea bargains are additionally on the desk as is a really bold asset restoration technique to get again cash that was siphoned off.</p>
<p>Without a shadow of hesitation, Batohi insists she has each intention of serving out the remainder of her time period.</p>
<p>“What better job is there in the world today? This is the most purposeful thing I have ever done in my life and I will not give It up for anything. I really hope that at the end of these three years, we can sit back and say we have really turned this country around; that we have done our absolute best to contribute to the rebuilding of the country. This is my purpose in life.”</p>
<p>Batohi is rebuilding the house that was on fire. She has quietly labored to unite and set up the group round her and this has been rewarded by the President’s actions empowering the ID. The political will and safety from the Minister of Justice are in place.</p>
<p>The local weather is conducive to convictions however the public largely stays cynical. She nonetheless has her critics. She is correctly tempering expectations as the strain is unrelenting. As she says, she and her group should show themselves in court docket.</p>
<p><strong>Author and journalist Mandy Wiener is the host of The Midday Report on 702 and CapeTalk.</strong></p>
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<p><a href="https://ewn.co.za/2022/11/10/mandy-wiener-shamila-batohi-has-doused-the-npa-fire-and-is-rebuilding-the-house" style="color:#808080">Source link </a></p>
<p>The post <a href="https://mdntvlive.com/shamila-batohi-has-doused-the-npa-fire-and-is-rebuilding-the-house/">Shamila Batohi has doused the NPA fire and is rebuilding the house</a> appeared first on <a href="https://mdntvlive.com">MDNtv</a>.</p>
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		<title>Buckle up Shamila, the airplane is about to come under fire</title>
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		<pubDate>Thu, 08 Sep 2022 22:00:54 +0000</pubDate>
				<category><![CDATA[POLITICS]]></category>
		<category><![CDATA[Advocate Shamila Bathohi]]></category>
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		<category><![CDATA[Opinion]]></category>
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					<description><![CDATA[<p>The National Director of Public Prosecutions Shamila Batohi has famously mentioned many instances since she stepped into workplace practically 4 years in the past that she and her group have been attempting to repair the aircraft whereas they’re in flight. It’s a well-known chorus and he or she repeated it once more final week in [...]</p>
<p>The post <a href="https://mdntvlive.com/buckle-up-shamila-the-airplane-is-about-to-come-under-fire/">Buckle up Shamila, the airplane is about to come under fire</a> appeared first on <a href="https://mdntvlive.com">MDNtv</a>.</p>
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<p>The National Director of Public Prosecutions Shamila Batohi has famously mentioned many instances since she stepped into workplace practically 4 years in the past that she and her group have been attempting to repair the aircraft whereas they’re in flight.</p>
<p>It’s a well-known chorus and he or she repeated it once more final week in an interview with the Financial Mail. She additionally reminds us that the organisation was ‘seriously decimated’ throughout the state seize interval.  </p>
<p>The NPA was a key web site of state seize and it was eviscerated throughout the Zuma years. Rebuilding capability and refocusing the organisation has taken time nevertheless it is lastly beginning to seem as if it is coming collectively.  </p>
<p>The NDPP additionally is aware of far too properly that as the airplane is close to restore and because it is closing in on its vacation spot of the nation’s courts of regulation, it is going to come under heavy fire.  </p>
<p>It simply so occurs that a few of the nation’s most high-profile state seize prosecutions are being enrolled or are anticipated to be enrolled in the months main up to the ANC’s National Elective Conference in December.  </p>
<p>Batohi has dedicated to launching 9 ‘seminal’ state seize corruption circumstances earlier than the finish of September.  </p>
<p>Speaking final week at News24’s On The Record summit in Sandton, the Investigating Directorate head Adv Andrea Johnson mentioned the NPA would ship on that promise.  </p>
<p>&#8220;We have undertaken 4 [cases], we&#8217;ve got accomplished three, we&#8217;ve got one to go. But we cannot offer you just one in September. And it isn&#8217;t as a result of the ID desires to be in style, it is as a result of it has an obligation. So, sure, the NPA will obtain its dedication of 9 by the finish of September,” mentioned Adv Johnson.  </p>
<p>Last week, after an extended wait, former Transnet executives Brian Molefe and Anoj Singh lastly appeared in the dock. In the UAE, two of the Gupta brothers stay behind bars as the NPA works to extradite them again to South Africa to stand trial. This is an unlimited step ahead in bringing these liable for state seize to guide.  </p>
<p>As the NPA seeks to stick with it that momentum, Johnson is telling us there is extra to come.  </p>
<p>Several high-ranking ANC politicians will likely be starting to panic as the internet tightens. There is a lot at stake for many who might face legal fees, and by this, I imply past the legal justice system.  </p>
<p>Within the ANC, its electoral committee head, Kgalema Motlanthe, introduced that anybody going through critical legal fees won&#8217;t be able to run for a place on the NEC and even take part in the convention. In different phrases, their political careers grasp in the steadiness and so do their livelihoods.</p>
<p>This will imply that invariably any politician who is charged in the subsequent 4 months will cry political conspiracy. It’s the apparent defence and one which has been tried and examined and refined in South Africa over the previous 20 years.  </p>
<p>We have additionally learnt from previous expertise that Batohi will herself change into the goal of campaigns to discredit her and the NPA. Expect the masters of the darkish arts to be deployed. Her predecessors might give her loads of recommendation about this.  </p>
<p>Bulelani Ngcuka was accused of being an apartheid-era spy after asserting that there was a prima facie case towards Zuma, though he declined to prosecute him. Vusi Pikoli was faraway from workplace and accused of creating dodgy offers and compromising the safety of the nation by prosecuting former police commissioner Jackie Selebi.  </p>
<p>And who might ever neglect the Spy Tapes, recorded and launched to inform us that Scorpions boss Leonard McCarthy was colluding with Ngcuka over the timing of prosecuting Zuma?  </p>
<p>The ANC went as far as to shut down and dismantle the corruption-busting Scorpions in 2008 when it grew to become too efficient at going after the politically highly effective corrupt. The argument for its closure was in fact that it was cherry-picking its circumstances and that it was being politically manipulated.  </p>
<p>Batohi is aware of full properly what is in retailer for her. She knew coming into the job that the atmosphere was politically charged. But that gained’t make navigating the aircraft by means of an onslaught of assaults any simpler for her. She can have to make sure that she is past reproach and that she acts with integrity all through. Any misstep will likely be used towards her.  </p>
<p>In her interview with the FM, Batohi gave one more assurance that politics can have no affect on any resolution to prosecute.  </p>
<p>“The rule of law means you prosecute when you have the evidence,” she advised Carien du Plessis. “It doesn’t matter whether a [political] conference is happening or not. Whether we move in a month, two months, three months, four months, whether we move on the day of the conference, it doesn’t matter.” </p>
<p>The timing of Jacob Zuma’s charging round the ANC’s Polokwane convention in 2007 and in the run-up to the nationwide elections could be enjoying on the minds of prosecutors. There are myriad hypothetical situations that would play out – if the NPA fees President Cyril Ramaphosa for Phala-Phala, if the NPA fees Finance Minister Enoch Godongwana on sexual assault fees, if the NPA fees Gwede Mantashe for corruption over the Bosasa funds, if the NPA fees Zweli Mkhize over Digital Vibes – the credibility of those prosecutions might be undermined by the timing and tainted by a political conspiracy defence.  </p>
<p>But that shouldn&#8217;t have any bearing on the NPA’s resolution to prosecute or when the accused are introduced earlier than court docket. The nation is impatient and the faster convictions occur the higher, notably when the accused have made a behavior of abusing the legal justice system by continually delaying trials.  </p>
<p>The NPA’s mission assertion clearly units out that it strives to ship justice in South Africa by prosecuting with out worry, favour, and prejudice.  </p>
<p>“We do not take the decision to prosecute lightly. We act without fear, favour, or prejudice, confident in our ability to justify our legal choices through established precedent and transparent policies and guidelines. Our decisions are not only impartial but are also perceived to be impartial because we are free from external control and have the financial autonomy to not be swayed by need.” </p>
<p>The NDPP has to do all the things in her energy to make sure that independence and impartiality are protected and defended to the hilt, but in addition that the notion of impartiality is not in any means tainted. As the prosecutions of politically highly effective people occur, she&#8217;s going to want sturdy and succesful, and vocal wingmen to again her up.  </p>
<p><strong><em>Mandy Wiener is a journalist and creator and the host of the Midday Report on 702 and CapeTalk.</em></strong></p>
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<p>The post <a href="https://mdntvlive.com/buckle-up-shamila-the-airplane-is-about-to-come-under-fire/">Buckle up Shamila, the airplane is about to come under fire</a> appeared first on <a href="https://mdntvlive.com">MDNtv</a>.</p>
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