EFF
By Thabo Mosia
The Economic Freedom Fighters (EFF) have called for the immediate reversal of the appointments of advocates Paul Pretorius and Matthew Chaskalson as consultants within the National Prosecuting Authority (NPA). These appointments are tied to prosecuting cases that arose from the Commission of Inquiry into State Capture, a significant focus of legal and political debate in South Africa.
The EFF strongly condemned the NPA’s decision, describing it as a case of “gross collusion, opportunism, and undermining of the wheels of natural justice.” According to the EFF, these appointments allow individuals who were central to the evidence-gathering process during the State Capture Commission to now oversee the prosecution of cases that they helped build. This, according to EFF spokesperson Sinawo Thambo, creates an avoidable conflict of interest.
Thambo’s critical opinion, published on Eyewitness News, further argues that these appointments will raise concerns about the transparency and fairness of the prosecutions. Thambo states that such decisions deepen public mistrust, particularly because the NPA’s leadership, including Shamila Batohi, was appointed by President Cyril Ramaphosa, who himself testified before the State Capture Commission under the legal leadership of Pretorius. This, the EFF contends, places the NPA in a compromised position when attempting to hold individuals accountable for state corruption.
This move by the NPA has also attracted criticism from legal experts and political commentators who have raised concerns about the effectiveness and timing of the appointments. Paul Pretorius, who led key inquiries into entities such as the State Security Agency and BOSASA during the State Capture Commission, now finds himself responsible for advising prosecutions on the same evidence he developed. Similarly, Matthew Chaskalson’s involvement with cases related to Transnet and illicit financial flows during the Commission has now come under scrutiny, as he too has been enlisted to help prosecute based on his own prior findings.
The EFF’s objections are also framed within broader criticisms about the outcomes of the Zondo Commission. While the Commission revealed substantial evidence of state corruption, the prosecutions resulting from it have faced delays and challenges. Legal setbacks, such as the dismissal of cases like those involving former Eskom executive Matshela Koko, highlight the difficulties the NPA faces in converting the Commission’s findings into successful prosecutions .
As the controversy unfolds, the EFF insists that the reversal of Pretorius and Chaskalson’s appointments is essential to restoring public confidence in the NPA’s ability to deliver justice impartially. According to Sinawo Thambo, the NPA should seek out independent, untainted consultants to carry out these prosecutions, avoiding the appearance of bias and ensuring that justice is not only done but seen to be done.
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