As Andy Mothibi takes the reins as National Director of Public Prosecutions, a potential opportunity for reform arises amid the ongoing scrutiny of the South African Police Service and organised crime networks. As Andy Mothibi starts his first working day as National Director of Public Prosecutions it is trite to say that he faces a series of huge challenges. But, because of the inquiries into the South African Police Service (SAPS) and the momentum that is building in our society, he might have an almost unique opportunity to reset the institution.
When former National Prosecuting Authority (NPA) head Shamila Batohi took over the institution she famously described it as a “house on fire”. This was a reference to the factional battles that had taken place within it for years. Central to almost everything that had happened there was former president Jacob Zuma.
When Batohi took over in February 2019 his shadow still loomed large over our politics, as did the damage he had done to our society. While the institution has improved, its public image has not yet recovered. This is primarily because of the failure of the NPA to win convictions against those accused of State Capture.
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The real damage here is not just that these people have not been convicted, it is that they have not been convicted despite all of the evidence heard against them during the Zondo Commission. However, while the fallout from the State Capture era has defined much of our public narrative over the past few years, this is about to change. It is likely that this is being supplanted in the public mind by the inquiries into the SAPS and the criminal networks which enmesh both police officers and senior politicians.
This means that the next public test for the NPA is probably whether it will be able to hold those involved in the allegedly corrupt networks properly accountable. Despite the current legitimate cynicism around the NPA, there is reason to believe that Mothibi might have an easier ride. One of the major problems for the NPA has been the poor quality of investigations by the police.
For many years the former head of the Hawks, Godfrey Lebeya, lamented the shortage of qualified and experienced detectives. As is becoming crystal clear to anyone who is paying attention, senior leaders of the SAPS have been making decisions to benefit themselves or associates, and not to benefit justice. The fact that KwaZulu-Natal Hawks boss Lesetja Senona could not, or would not, answer certain questions under oath at the Madlanga Commission last week shows how deep the corruption goes.
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