Co-sign Herman Mashaba's Letter to NPA Head, Shamila Batohi

"The war against corruption needs urgent action. Only arrests being effected, with resultant prosecution and imprisonment, will give meaning to the State Capture Report!"

1 have co-signed and called for arrests. Let's get to 10,000!

TO: MS. S. BATOHI

NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS 

VIA EMAIL: sbatohi@npa.gov.za

RE: JUDICIAL COMMISSION OF INQUIRY INTO STATE CAPTURE

Dear Madam,

South Africans have had to endure endless instances of 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, over 5000 pages and more than R1 billion has been disbursed by taxpayers into this painful but necessary exercise. 

I sincerely hope that this process and the resultant findings will produce concrete outcomes. However, given the absolute failure of accountability we have witnessed historically, this is not sufficient. Urgent action is required to protect the interests of all South Africans.

I implore you to take the nation into your 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) with ample opportunity to act. 

I urge you to prioritise public confidence, and to announce the steps that will be taken by the NPA following the latest publication of the Report. 

I call on you to institute criminal proceedings against those implicated in the Report within 7 (seven) business days of receipt of this letter. This is in line with the mandate of the NPA as set out in section 179(2) of the Constitution of the Republic of South Africa; and echoes multiple recommendations throughout the State Capture Report, which urges the NPA to institute criminal proceedings.

In the event that you fail to do so, then I, Herman Mashaba, as President of ActionSA – but first and foremost as a citizen of this country – will have no other choice but to personally lay criminal charges against those named in the report. 

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.

I am unfortunately constrained to write to you because our criminal justice system has, over time, revealed its failure to investigate, prosecute and jail corrupt individuals. 

The war against systemic corruption requires urgent action. It is only swift action, in the form of arrests being effected, with resultant prosecution and imprisonment, that will give meaning to the Judicial Commission of Inquiry into State Capture and any delay in this process will rightfully be rejected by all South Africans. If action is not taken by your office, the purpose of the Commission will be rendered nugatory and pointless.

I await your urgent response herein. 

Kind Regards, 
Herman Mashaba
President, ActionSA