Yesterday, Tuesday 28 June 2022, we wrote to Advocate Shamila Batohi, National Director of Public Prosecutions, imploring her and her office in the first instance: to take the Nation into their confidence with the utmost urgency as to the progress being made in the cases mentioned in the State Capture Report. Some of these matters were ventilated years ago; affording the National Prosecuting Authority (NPA) ample opportunities to act.
Second, urging her to prioritise public confidence, and to announce the steps that will be taken by the NPA following the latest publication of the Report and to institute criminal proceedings against those implicated in the Report within 7 (seven) business days of receipt of our letter.
In the event that the NDPP fails to do so, I, Herman Mashaba, as ActionSA President – but first and foremost as a citizen of this country – will be left no other option but to personally lay criminal charges against those named in the Report.
South Africans have had to endure endless instances of rampant corruption and complete breakdown in the moral fibre of our government, which has been ventilated and exposed through the Judicial Commission of Inquiry into State Capture. Nearly 4 years, with over 5000 pages and more than R1 billion disbursed by taxpayers into this painful but necessary exercise, we are yet to see concrete outcomes.
We have made this request to the NDPP in line with the mandate of the NPA as set out in Section 179(2) of the Constitution of the Republic of South Africa, serving as the basis for the NPA to institute criminal proceedings.
Should the NPA delay in the prosecution of any of the individuals named in the Report, we will apply for a nolle prosequi certificate from the State in each instance. Once we are in receipt of same, we will commence with any necessary private prosecution ourselves.
The war against systemic corruption requires urgent and swift action. Arrests must be effected with resultant prosecution and imprisonment, that will give meaning to the Judicial Commission of Inquiry into State Capture. Any delay in this process will rightfully be rejected by all South Africans. If action is not taken, the purpose of the Commission will be rendered nugatory and pointless.