‘Snail’s pace’: NPA’s low prosecution rate in Ipid cases slammed

NPA head Shamila Batohi had complained about the lack of capacity to prosecute. Picture: Ayanda Ndamane/African News Agency (ANA)

NPA head Shamila Batohi had complained about the lack of capacity to prosecute. Picture: Ayanda Ndamane/African News Agency (ANA)

Published Jun 29, 2023

Share

The Prosecuting Authority (NPA) has made decisions to prosecute only 53 cases that were referred to it by police watchdog, the Independent Police Investigative Directorate (Ipid), in the financial year ending in March.

Ipid, which is mandated to probe criminal offences allegedly committed by SAPS officers and metro police, made 2 093 referrals to the NPA in 2022/23.

This was revealed by Police Minister Bheki Cele when he was responding to parliamentary questions from EFF MP Henry Andries Shembeni. Cele said the 53 cases represented 3% of referrals.

“It can be observed that 1 347 of referrals to NPA, the Ipid is still waiting for responses,” he said.

Cele also said the prosecuting body declined to prosecute 684 referrals, and that nine cases were withdrawn.

Cele’s response showed that of the 53 cases, 16 were in the Western Cape, 13 in Limpopo and less than 10 each in five other provinces.

Police and Prisons Civil Rights Union (Popcru) spokesperson Richard Mamabolo said it was worrying that the NPA was moving at a snail’s pace to make decisions on the cases.

Mamabolo said they noted that NPA head Shamila Batohi had complained about the lack of capacity to prosecute.

“We had hoped that under Batohi that there would be urgency to address these cases,” Mamabolo said.

“It is unfair for people to be charged and their cases do not come to a conclusion and it is something the government must look into.”

The NPA did not respond to questions by deadline on Wednesday. Political parties, meanwhile, reacted with shock to the “alarming” figures, with some pointing at poor investigations by Ipid and lack of capacity at the NPA.

DA MP Okkie Terblanche said any case docket should be properly investigated before it was referred to the NPA.

“A possible reason (for the low prosecution rate) is that the investigators are not property trained and that the management is unable to make a good assessment or give proper guidance.”

Freedom Front Plus leader Piet Groenewald said the refusal of the NPA to prosecute 684 cases was “proof of poor investigation”.

National Freedom Party MP Munzoor Shaik-Emam said it was not surprised by the figures, as the NPA was under-staffed and under-resourced.

“They have not even touched the Zondo Commission cases so under the circumstances the NPA can do so much. If you want these institutions to operate effectively, then you need to fund them accordingly,” Shaik-Emam said.

Cape Times