Why The NPA's Decision On Phala Phala Is Drawing Ire

Holifil

04 Apr, 2025

Advocate Shamila Batohi, the NDPP, encourages political parties to utilize the review process if they're unhappy with the NPA's decision
Controversy surrounds the NPA's choice not to prosecute individuals involved in the Phala Phala scandal
Many South Africans doubt the effectiveness of a review process, believing the NPA is unlikely to alter its stance

Advocate Shamila Batohi, head of the NPA, is urging political entities to leverage the review system if they're dissatisfied with the NPA's decisions. Image: Wikus de Wet/ Phill Magakoe | Source: Getty Images

The National Prosecuting Authority's (NPA) choice not to pursue charges in the infamous Phala Phala case has sparked heated debates across South Africa. This controversial matter revolves around a substantial amount of money stolen from President Cyril Ramaphosa's farm in Limpopo and the subsequent questions about his actions following the theft. A criminal case was opened against Ramaphosa, mainly due to his failure to report the incident, which raised eyebrows among the public and political circles alike. Despite these concerns, the NPA has announced that there's no reasonable likelihood of a successful prosecution, thereby deciding not to hold anyone accountable.

NDPP Urges Political Parties to Seek Review

Even as political parties express their dissatisfaction with the NPA's decision, Advocate Shamila Batohi, the National Director of Public Prosecutions (NDPP), has urged these entities to take advantage of the available review processes. In a recent statement, Batohi emphasized that there are mechanisms in place for parties who are not satisfied with the NPA's decision-making process.

“We have established processes, including review processes, for any interested parties who are not content with the decision. It’s important that these avenues are explored,” Batohi remarked.

Batohi Warns Against Misusing Private Prosecutions

While Batohi acknowledges the availability of the nolle prosequi certificate, which confirms the NPA's decision not to prosecute and allows for private prosecutions, she warns against using it for personal or political agendas. The certificate is a critical legal document that could open the door for private prosecutions, but Batohi insists that it should be used responsibly. She explained that while the option for private prosecution is vital, it must not be exploited to serve certain interests. The NDPP remains vigilant to ensure the integrity of the legal system.

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South Africans React with Skepticism

Batohi's invitation for parties to use the review process hasn't gone down well with the public, especially on social media platforms. Many citizens are skeptical about whether such a process would yield any meaningful results. For instance, Siaruli Rofhiwa Erick expressed his doubts, saying:

“If anyone thinks the review will change anything, they’re living in a fantasy world.”

Comfort Scara Mashabela echoed this sentiment, humorously pointing out:

“Only the International Criminal Court could possibly rule differently in this matter. The NPA is synonymous with the government, and the government is synonymous with Ramaphosa. The verdict will always remain the same.”

Owen Matebane bluntly criticized the situation, stating:

“They're making our country a global laughingstock. These people don’t understand the gravity of their actions.”

Edwin Mhlongo questioned the logic behind Batohi's statement, noting:

“What difference will it make? She's been instructed not to prosecute anyone tied to Phala Phala while simultaneously targeting those implicated in state capture without sufficient evidence.”

Lefu R Ramatla added:

“This is just Batohi pretending to care. She's clearly aligned with Cyril Ramaphosa and his interests. There’s no real change coming from her side.”

MK Party Accuses NPA of Being Captured

Adding fuel to the fire, the MK Party's Dr. John Hlope has accused the NPA of being compromised, citing their refusal to prosecute anyone in the Phala Phala matter. Dr. Hlope further alleged that President Cyril Ramaphosa is guilty of tax evasion for failing to declare the stolen funds. The MK Party plans to bring this issue to Parliament's attention during the upcoming question-and-answer session, hoping to shed more light on the matter and push for accountability. As tensions rise, the nation watches closely to see how this unfolding drama will play out.