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Why Major Corruption Cases Keep Slipping Through the NPA’s Fingers

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When the Hammer Just Didn’t Hit

Over the past few years, the National Prosecuting Authority (NPA) has repeatedly failed to close the book on some of the most talked-about corruption and state-capture cases in South Africa. Under the watch of Shamila Batohi, the NPA has seen a string of high-profile matters collapse, either dismissed, struck off the roll, or ending in acquittals. The result has been widespread concern about whether high-level corruption cases are being successfully prosecuted.

The Nulane Case: A Chance at Redemption

Take the Nulane Investments case. In 2023, the Bloemfontein High Court discharged all accused, including Gupta-linked businessman Iqbal Sharma, under Section 174 of the Criminal Procedure Act, citing insufficient evidence presented by the State. That decision was met with dismay from many South Africans.

Yet earlier this year, on 12 June 2025, the Supreme Court of Appeal (SCA) intervened. It ruled that the original judgement was flawed and ordered that the case be retried before a different judge. The NPA and its Investigating Directorate Against Corruption (IDAC) welcomed the reprieve, calling it a second chance to hold alleged wrongdoers accountable.

While this revival offers a glimmer of hope, it also underscores the fragility of prosecutions that hinge on tight courtroom presentation and procedural precision.

Estina Dairy Farm Scandal: Delays Enough to Derail Justice

Then there is the Estina Dairy Farm scandal, once touted as a shining example of rural empowerment under the auspices of the now-disgraced Gupta family. The project reportedly saw nearly R280 million in state funds vanish through a maze of questionable payments and shell-company transactions, while intended beneficiaries, poor Black farmers around the Free State town of Vrede, received little to nothing.

Initially pursued by the NPA, the case was struck off the roll in August 2024 on account of prolonged delays. The NPA has expressed intent to reinstate the matter, but the long-drawn process has become emblematic of the failures people feared when the scandal first broke.

A Pattern of Failures: More Cases, More Doubts

The NPA’s troubles are not limited to these two cases. A massive R2.2 billion corruption and tender-fraud case involving former Eskom executive Matshela Koko was struck off the roll in late 2023, with the court citing unreasonable delays. The prosecutors reportedly intend to re-enrol the case, but as of now, it sits in limbo.

More recently, in April 2025, televangelist Timothy Omotoso and two co-accused were acquitted on multiple charges, including rape and human trafficking. The NPA has moved to appeal the verdict, and public reaction has been strong.

There was also the withdrawal of charges against former minister Zizi Kodwa and businessman Jehan Mackay, reportedly after prosecutors concluded it was unlikely they could secure a conviction.

These repeated breakdowns have left critics and ordinary citizens alike wondering: Is the NPA up to the task when it comes to complex, politically charged cases?

Why It Matters for Democracy

In South Africa, where the consequences of state capture are still being felt, successful prosecutions serve more than just a legal function. They represent accountability, deterrence, and a sense that the scales of justice remain balanced.

When cases like Estina, Nulane, or Eskom-related fraud fall apart, it sends a disheartening message: perhaps the system is too fragile to challenge entrenched corruption.

Without results, faith in public institutions erodes. Victims, often impoverished or marginalised communities, are denied closure. And the broader societal conviction that the powerful can still answer for their actions is undermined.

Is NPA Worthy of a Second Chance?

The recent SCA victory in the Nulane case gives the NPA a reprieve. But one successful appeal cannot erase years of missed opportunities. For many South Africans, the damage is already done.

What remains to be seen is whether the NPA will use this moment to rebuild public trust by showing competence on retrial and renewal, by clearing case backlogs, and by consistently delivering convictions in state-capture matters.

For citizens who put their hope in justice, that is the outcome that matters most.

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Source: The Citizen

Featured Image: News24