President Cyril Ramaphosa during his appearance before the Zondo commission of inquiry into state capture on April 28 2021. File photo: REUTERS/THEMBA HADEBE
Imagine a world where the Zondo commission had never existed and the NPA had simply used the commission’s evidence and expertise to immediately indict and criminally convict. Ramaphosa and NPA head Shamila Batohi could have held regular media conferences to update our progress with NPA state capture criminal prosecutions, at a much lower cost.
As a practising advocate, I only advise clients to proceed to trial if the evidence suggests prospects of success. The NPA will, in the same manner, only prosecute if there is sufficient evidence to do so. The Zondo inquiry evidence leaders have at their disposal an abundance of explosive witness and documentary evidence that would very likely lead to criminal court convictions — this much is apparent from the live hearings.
It is an open secret in my profession that the technical and advocacy skill calibre of the majority of lower- to mid-level NPA prosecutors is lacking when it comes to the prosecution of white-collar crime. State capture matters chiefly involve white-collar crime, meaning an influx of independent expertise would hugely improve state capture conviction rates.
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