‘It sends shockwaves’: NDPP Batohi on prosecutors killed for doing their jobs

National Director of Prosecutions advocate Shamila Batohi.
National Director of Prosecutions advocate Shamila Batohi. (Freddy Mavunda/Business Day)

The national director of public prosecutions (NDPP) Shamila Batohi has raised concerns about the rising incidence of prosecutors being killed for doing their jobs.

​Testifying before parliament’s ad hoc committee investigating allegations of corruption in the criminal justice system, Batohi said the issue of prosecutors being killed was unfamiliar in their recent history.

​“It’s a very serious and growing concern,” she said.

​“In my 40 years of prosecuting, we have not been concerned about prosecutors being killed. Sadly, we’ve had police officers killed in the past, but more often for firearms, but now they’re targeting prosecutors for the work they do, as well as whistle-blowers and forensic investigators.

“We are living in it; it demonstrates what’s happening in this country. Prosecutors being killed is a new phenomenon. It’s something that we as a country have to consider.”

​In April, prosecutor Elona Sambulula was shot dead near his home in the Eastern Cape. In July, prosecutor Tracy Brown was shot dead outside her home in front of her family. Suspects were arrested in connection with that incident.

​While the motive behind both killings is unknown, Batohi said the assassinations could be related to cases they were prosecuting involving organised criminals.

​She said the deaths had sent “shockwaves” through the organisation.

​“To lose one of your own who’s working hard for justice in this country ... I went to the homes of Brown and Sambulula when they passed away, and speaking to the prosecutors, one of them said, ‘we are warriors. When one of us falls we keep fighting.’

“I feel incredibly touched by the strength of prosecutors who still fight the good fight in extremely difficult and dangerous circumstances.

​“Trying to keep them motivated at a time like this is difficult.”

​She confirmed that the institution had requested an increased budget to enhance the safety of prosecutors within the NPA.

​“We will not compromise on the safety of prosecutors, and we’ve been engaging with our external partners to get trainers in to help prosecutors to get active to protect themselves in those circumstances.

​“These are expensive. It costs a lot of money because you don’t just protect the prosecutor, you protect families. It’s a very serious issue that, as a country, we need to look at how the government needs to strengthen its protection mechanisms.”

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