JAUNDICED EYE
The appointment of Shamila Batohi as the new head of the National Prosecuting Authority has elicited widespread delight. It comes from all levels of society and is cross-party.
In fact, not since Cyril Ramaphosa’s victory over the forces of darkness at last December’s African National Congress leadership conference has there been such national excitement. Unfortunately, Ramaphosa’s “new dawn” has since proven to be somewhat delayed and murkier than hoped.
And, also unfortunately, the elevated hopes that attend Batohi’s appointment may be similarly dashed. Not necessarily through any fault of her own.
As we know from the seven-year tenure with the previous Public Protector, Thuli Madonsela, a determined and honest person at the head of an institution with powers to investigate and seek redress, can make an enormous difference. That power of character that Madonsela displayed is thrown into stark relief by the pathetic performance of her politically compromised successor, Busisiwe Mkhwebane, who this week — with the backing of the ANC — survived a Democratic Alliance attempt to remove her from office.
The first problem that Batohi faces is the independence of the NPA, or rather the lack thereof. The Public Protector’s office is one of only six state institutions whose independence is constitutionally protected and that are specifically mandate to operate “without fear, favour or prejudice”.