THE EFF has slammed the National Prosecuting Authority's (NPA’s) appointment of advocates Matthew Chaskalson and Paul Pretorius as consultants.
The two lawyers previously served as evidence leaders for the state capture commission that was chaired by former chief justice Raymond Zondo.
The EFF labelled this move as “gross collusion, opportunism, and undermining of the wheels of natural justice”.
Chaskalson and Pretorius will now advise the NPA on prosecuting cases based on evidence they developed and led during the commission.
Pretorius, former head of the legal team, led evidence on the State Security Agency and Bosasa, including President Cyril Ramaphosa’s testimony. His appointment raises concerns about conflicts of interest.
Chaskalson, who handled illicit financial flows related to Transnet, will now advise on prosecutions based on his evidence.
The Star previously reported that the embattled justice minister attempted to stop the alleged capture of the justice system, in particular the NPA’s Investigating Directorate (ID).
This alleged capture also involved the appointments of Chaskalson and Pretorius.
Initially speaking to Independent Media, NPA ID spokesperson Henry Mamothame defended their appointment, saying this was done in terms of Section 38 of the NPA Act “in line with the NPA’s objective to enhance its ability to prosecute state capture corruption matters effectively”.
However, he never responded to questions on the vetting and security clearances of Pretorius and Chaskalson, nor did he respond to questions on the amount they would be paid for the work they had been enlisted for. “The advocates in question are both leading experts in their fields who have extensive experience working on state capture corruption matters, including for the Zondo Commission.”
The EFF, in a statement, questioned the secrecy surrounding the appointments and remuneration, warning that this undermined the NPA’s integrity and legitimacy.
“The actions of Shamila Batohi paint a picture of an unhinged and desperate individual,” the EFF stated, criticising her pursuit of unrestricted access to the commission's evidence.
Batohi is the National Director of Public Prosecutions.
The party emphasised the need for targeted prosecutions, transparency, and fairness to protect the justice system’s credibility.
“Justice must be seen to be fair... Antics such as appointing evidence leaders as de facto prosecutors do not foster a positive image of our investigating institutions’ integrity,” the statement said.
“Her (Batohi’s) actions paint a picture of an unhinged and desperate individual, as she is also pursuing a non-specific and invasive raid on the records and evidence of the state capture commission of inquiry, because she needs anything to effect a prosecution by any means necessary.”
The Red Berets defended Justice Minister Thembisile Simelane. “The EFF affirms that the Department of Justice is correct that the evidence of the commission cannot be accessed without specific reference to what is required, in relation to which matter, and the relevance of such required evidence to that matter.
“The NPA ought to engage in targeted, scientific and specific prosecutions that substantiate the need to access evidence, and not embark on an attempt to obtain possibly irrelevant information by seeking unfettered access, as this poses a risk of the NPA engaging in political witch-hunts, blackmail, and extortive use of sensitive information.”
The party called for transparency in the recruitment and amount of benefits budgeted for, including accommodation, offices, and personal remuneration.
“This special prosecution unit should not be a money- making scheme for white lawyers as it was the case with the Zondo Commission.
“The EFF states categorically that our objection to the appointment of Pretorius and Chaskalson, as well as our objection to the blind raid by Shamila Batohi on the evidence held by the Justice Department, does not constitute any belief that those implicated in the state capture commission report are innocent or guilty,” the statement said.
The Star