DA to request review of the decision on non-prosecution in Phala Phala matter

11 October 2024

The Democratic Alliance (DA) is concerned by the decision of the Director of Public Prosecutions (DPP) in Limpopo, Advocate Mukhali Ivy Thenga, not to prosecute anyone in relation to the Phala Phala scandal. This decision, taken after a so-called "comprehensive investigation" by the Directorate for Priority Crime Investigation (DPCI), fails to meet the expectations of transparency and accountability owed to the South African public.

We will urgently write to the National Director of Public Prosecutions, Advocate Shamila Batohi, urging her to review this decision as a matter of urgency. We will also call for the National Prosecuting Authority (NPA) to explain this decision before the Portfolio Committee on Justice and Constitutional Development.

The Phala Phala scandal is much too important to simply disappear without thorough scrutiny and full interrogation of the reasons behind this outcome.

The public has the right to know how the NPA can conclude that there is "no reasonable prospect of a successful prosecution" despite critical evidence, such as CCTV footage and mobile phone records, reportedly linking the accused to the burglary and potential financial irregularities.

The NPA, and in particular Advocate Batohi, has a serious constitutional obligation to ensure that justice is not only done but is seen to be done. A decision of this magnitude requires far more transparency, given its implications for the rule of law in South Africa. We will not rest until this decision is properly reviewed, and we urge Batohi to fulfil her constitutional duties in upholding the integrity of our legal system.

Issued by Glynnis Breytenbach, DA Spokesperson on Justice and Constitutional Development, 11 October 2024