The Economic Freedom Fighters (EFF) have called for an urgent parliamentary debate into the serious implications of NDPP Advocate Shamila Batohi’s recent admission that the National Prosecuting Authority (NPA) is infiltrated by both internal and external interests, undermining its independence.
In a formal letter dated 6 June 2025, EFF Chief Whip Ms. Nontando Nolutshungu wrote to National Assembly Speaker Thoko Didiza, requesting an immediate debate into what the party views as a constitutional crisis.
“Grave National Concern”
The EFF referred to Batohi’s interview on Newzroom Afrika on 5 June, in which she admitted that her ability to lead the NPA is “severely impeded” due to outside influence and factional networks within the prosecutorial authority.
“This is not just an institutional comment,” the EFF wrote. “It is a declaration of institutional crisis in one of the most critical constitutional bodies of our democratic order.”
The EFF argues that such influence contravenes Section 179(4) of the Constitution, which mandates that prosecutorial functions be exercised “without fear, favour or prejudice.”
NPA Must Be Insulated from Political Influence
The party also cites the NPA Act 32 of 1998, which demands all prosecutorial decisions be free of political or private influence. Batohi’s remarks, they say, suggest those legal protections are now “being compromised.”
“Any infiltration of the NPA threatens public confidence in the state’s ability to ensure justice,” the letter warns, highlighting links to ongoing failures in prosecuting corruption, gender-based violence, and organised crime.
Debate Sponsored by Julius Malema
The EFF has requested that Speaker Didiza approve a debate under Rule 130 of the National Assembly Rules, with EFF President Julius Malema acting as sponsor of the motion.
The subject of the debate is:
“The implications of the National Director of Public Prosecutions’ public statement regarding infiltration of the National Prosecuting Authority and the threat it poses to South Africa’s justice system, rule of law, and constitutional democracy.”
Parliament Urged to Act Swiftly
The EFF concludes its request by warning against parliamentary inaction, calling on the National Assembly to uphold Section 55(2) of the Constitution, which obliges it to hold state institutions accountable through mechanisms of scrutiny and debate.
“We trust that you will treat this request with the urgency it merits,” the EFF stated.
If accepted, the debate could spark national scrutiny into the inner workings of the NPA and heighten pressure on President Ramaphosa’s administration to respond.
