The one thing South Africa just can’t get right
Despite piles of evidence of corruption, and comprehensive findings from commissions, the South African National Prosecuting Authority (NPA) has a frustratingly long list of failed prosecutions.
While South Africa has staged a significant turnaround in 2025—scoring a credit rating upgrade, getting removed from the Financial Action Task Force (FATF) grey list, and hosting a successful G20—when it comes to prosecutions, the country falls extremely short.
According to Business Leadership South Africa (BLSA) chief executive, Busi Mavuso, the failure of this critical institution puts a massive damper on business sentiment and acts as a handbrake for growth.
Mavuso noted that the rule of law is critical to businesses and essential to a functioning democracy.
If the criminal justice system proves unreliable, then it imposes a huge cost on businesses. This is not only through increased crime, but also a broader loss of trust across the economy.
“When counterparts can’t be relied on to stick to agreements, when the probity of those in business can’t be trusted, transaction costs multiply invisibly across every deal. This keeps a handbrake on our growth,” Mavuso said.
“The indirect costs – the increased vigilance, the risk premiums, the deals that don’t happen – are harder to measure but no less real.”
When looking at the NPA, the organisation has been trying to rebuild over the past seven years after being deeply compromised during the state capture era, she said.
However, the damage of the state capture years is still present, visible through several failed high-profile prosecutions.
“The R2.2 billion corruption case against former Eskom boss Matshela Koko and others was struck off the roll in November 2023 due to unreasonable delays,” Mavuso noted.
“The case against Moroadi Cholota, co-accused with former Free State premier Ace Magashule, collapsed when a judge found the state had presented false information to US authorities to secure her extradition.”
“Despite evidence of corruption at Prasa, Transnet and Eskom, and the comprehensive Zondo Commission findings, successful prosecutions remain frustratingly rare.”
Now, South Africa faces a critical decision as the current National Director of Public Prosecutions (NDPP), Shamila Batohi, is retiring in 2026, and her successor needs to be selected.
Mavuso said that the decision on who takes up the seat next will affect South Africa’s business environment for the next decade.
Fighting corruption with hands tied
Mavuso said that the NPA needs critical reforms to ensure that no more time is wasted and that South Africa can restore trust in the criminal justice system.
Currently, any NDPP faces structural constraints that limit what they can achieve.
The CEO noted that the NPA differs fundamentally from other institutions, such as the South African Revenue Service (SARS), which limits its capacity to fully recover.
In the case of SARS, the commissioner has genuine authority over the organisation—the position is the accounting authority, effectively the CEO, with the power to hire and fire senior staff.
The appointment process for the SARS Commissioner was revised after the Nugent Commission to strengthen independence, though the President retains final decision authority.
In contrast, the NDPP does not have this independence or authority. The Director General of the Department of Justice is the accounting authority for the NPA, not the NDPP.
Meanwhile, the prerogative over senior appointments sits with the Minister of Justice and the President, a power which, in the history of our democracy, has been invoked for good and ill.
The NDPP is also appointed for a non-renewable 10-year term—longer than the SARS Commissioner’s renewable five-year term. No NDPP has ever completed a full term.
Mavuso said that because of this, the NPA is in desperate need of reform, with the NDPP in particular needing more authority and responsibility, especially to keep politics and political interests out of the system.
“This means granting the NDPP real control over senior appointments, making them the accounting authority responsible for the NPA’s performance, and insulating prosecutorial decisions from political interference,” she said.
This would obviously make the selection of the NDPP even more critical, with the selected officer needing to have an impeccable record, with proven prosecutorial experience, the ability to rebuild institutional capacity, and the courage to pursue justice without fear or favour.
“But the new NDPP can only exercise powers available within the current framework. Without these structural reforms, even the best appointment will face the same constraints that have affected previous NDPPs,” Mavuso said.
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