Phala Phala: DA urges Batohi to reconsider NPA’s decision not to prosecute

The Democratic Alliance (DA) announced its plans to urgently address a letter to National Director of Public Prosecutions, Advocate Shamila Batohi, urging her to reconsider the National Prosecuting Authority’s (NPA) decision not to pursue prosecution in the Phala Phala farm scandal.

On Wednesday, 9 October, the NPA said the Director of Public Prosecutions in Limpopo, advocate Mukhali Thenga, decided not to prosecute following a comprehensive investigation process conducted by the Directorate for Priority Crimes Investigation (DPCI).

DA WANTS NPA DECISION ON PHALA PHALA CASE TO BE REVIEWED

In a statement, the NPA said the Limpopo DPP made the decision not to prosecute after carefully assessing all available evidence presented to the prosecutors by the DPCI.

Thenga concluded that there is no reasonable prospect of a successful prosecution based on evidence in the docket. 

DA spokesperson on justice and constitutional development Glynnis Breytenbach said the Phala Phala scandal is too important to simply disappear without thorough scrutiny and full interrogation of the reasons behind this outcome.

Breytenbach said the public has the right to know how the NPA can conclude that there is “no reasonable prospect of a successful prosecution” despite critical evidence, such as CCTV footage and mobile phone records, reportedly linking the accused to the burglary and potential financial irregularities.

“The NPA, and in particular advocate Batohi, has a serious constitutional obligation to ensure that justice is not only done but is seen to be done. A decision of this magnitude requires far more transparency, given its implications for the rule of law in South Africa. We will not rest until this decision is properly reviewed, and we urge Batohi to fulfil her constitutional duties in upholding the integrity of our legal system,” she said.