Batohi defends NPA record on TRC cases despite structural hurdles

Former National Director of Public Prosecutions (NDPP), Shamila Batohi, has defended the National Prosecuting Authority’s (NPA) efforts to pursue justice in long-delayed apartheid-era cases, telling the TRC Cases Inquiry that meaningful progress was made despite deep institutional challenges.

Batohi, who led the NPA from February 2019 until January 2026, testified before the inquiry chaired by Justice Sisi Khampepe, which is probing delays in prosecuting cases where amnesty was denied by the Truth and Reconciliation Commission.

Taking the stand on Wednesday, Batohi described an institution that was hollowed out, under-resourced, and grappling with competing priorities when she assumed office, including a backlog of unresolved TRC matters.

“In addition to staff morale being very low, fiscal constraints at the time, resource constraints, We nevertheless decided that we had to implement, focus on the implementation of three key interventions to deal with the TRC matters and to demonstrate to the people of South Africa that the NPA was, we were committed to dealing with these matters, the TRC matters, and that we had a plan and that we were going to be dealing with these TRC matters.”

She told the inquiry that restoring the credibility of the NPA after years of state capture and political interference required urgent structural and operational reforms.

Despite these constraints, Batohi said TRC-related cases were prioritised, with measures introduced to improve case management and strengthen coordination with key stakeholders.

“I have sought to demonstrate that the NPA has since 2019… taken concrete steps to ensure that there is accountability for the atrocious crimes referred by the TRC. The NPA’s actions and progress in dealing with TRC cases during this time bear testament to this.”

She highlighted persistent structural challenges, including leadership instability, vacant senior posts and capacity constraints, which affected the pace of prosecutions.

“I would hasten to add, Chairperson, that at times, I must concede, things did not take place as quickly as one would have liked it to, particularly the victims and the families. But it was circumstances that we are operating in that made it difficult, but we certainly tried to do whatever we can… to fast track these matters, to progress with them, and to get them to a point where DPPs could make decisions either to prosecute or to open inquests as appropriate,” Batohi added.

She said efforts were made to decentralise TRC cases, assign dedicated prosecutors, and improve coordination with investigative bodies to accelerate progress.

Batohi, told the inquiry that by late 2022, the NPA had increased its capacity to include 25 prosecutors and 40 investigators focused on TRC matters, resulting in a rise in active investigations.

However, she conceded that progress had not always met the expectations of victims and families, but insisted efforts were made to fast-track cases and bring them to a stage where decisions to prosecute or hold inquests could be made.

Batohi also addressed findings from the Rodriguez judgment, which pointed to political interference that hindered the prosecution of apartheid-era crimes.

She told the inquiry that steps were taken to respond to these findings, including appointing Senior Counsel to review the NPA’s approach and ensuring that former officials are supported in accounting for their roles before the commission.

Adopting what she described as a victim-centred approach, Batohi said her administration prioritised cases involving those who suffered under apartheid, with the aim of bringing matters to a stage where decisions to prosecute or hold inquests could be made.

On the issue of political interference, Batohi issued a strong warning, stressing the legal obligations of those in power.

She added that any National Director must be prepared to confront members of the executive and, where necessary, ensure that such conduct is investigated and prosecuted.

A new witness is set to testify on Thursday.

Written by: Lebohang Ndashe