Post-virus, we will still need Batohi to be willing to kick some corrupt ass

Consider Beirut, once hailed as the “Paris of the Middle East” and which now has too weak a GDP to honour its debts. Half a year ago, it became the epicentre for months of protest action against ridiculous proposed WhatsApp taxes.

Corruption in government led to a cry for political overhaul.

While the strength of the protest ebbed and flowed, it was present for many months until the pandemic put an end to it.

One wonders if, when able to return, protesters will. But one need not look to Lebanon to consider whether sentiment shift may occur post pandemic. Right here in South Africa, we have some serious questions to ask about pressing the resume button.

The most interesting to me is going to be how much pressure will be on the prosecutions boss to bring some hard-hitting charges.

Prior to lockdown, Batohi was positioning herself rather comfortably, suggesting that her priority was a cleanup and rebuild of the National Prosecuting Authority (NPA). On the back of 2019, we saw increased appetite to take on influential actors locally, when everyone from Julius Malema to Bongani Bongo was served with charges and internationally the Guptas were caught in the sights of the US Feds.

This seems like a two-for-one deal: somebody taking on prominent role players while trying to fix a state department that has lost significant credibility. Pinch me, I’m dreaming!

Problem is, one can only dream for so long before reality kicks in, and our NPA’s reality still has a lot of promise to deliver on.

The promise of convictions is something many South Africans are looking forward to … and between charge and conviction, there’s a lot to get through, especially if one is unprepared. The country wants results and wants them soon, but many do not understand that a charge does not equate to a conviction. Moreover, if a charge is brought prematurely – that is to say, without sufficient evidence – it could slow the process down further, if not halt it entirely.

If the NPA boss is going to do a good job, she needs time to do it. Unfortunately South Africans who want results have grown impatient with an NPA that has seemingly done very little at the top level for a decade and, in the view of many, quivered at the will of high-ranking officials.

In short, Batohi inherited a job set up for failure. Yet, if we are to believe her bona fides, and initial movements, we may just be in for a ride of prosecutions if she can manage to strategically buy the time she needs and use it effectively in the eyes of the public.

Maintaining a steady run of few prosecutions, such as that of Bongo, will offer some leniency from the people, but if people weren’t familiar with Bongo before, even a conviction would be unlikely to satisfy them.

What people want are the big fish, the ones who channelled money away from intended beneficiaries, the ones responsible for poor infrastructure, delayed wages and stockless hospitals. People want to see justice and are compelled to call upon Batohi to deliver it. Even if she gets a conviction each week, they will mean little to those wronged if they don’t see the link between the wrong they suffered and the conviction.

In the past, this task may have seemed impossible. A united government rallying around one another keeps mouths shut and accommodates a lacklustre prosecuting authority. Fortunately that is no longer the case. Political divides within the governing party have been showing for some time and this opens the door for potential tongue wagging with little protection should the government be seen to be meddling in the NPA.

One can say Batohi inherited a job designed for the incumbent to fail, but she inherited it in a context and environment that is conducive to success.

Even this week, the president absorbed blame in his weekly newsletter referring to coronavirus exposing a fundamental failing in our post-apartheid society and not toeing what was increasingly seen as his party tagline of exclusively blaming the past at any given opportunity. Yes, it was not a total backpedal but it is something to see leadership acknowledge its own faults.

He understands that, if left to its own devices, the NPA could damage his political allies as well as enemies. However, the existence of strong political enemies makes it difficult for any side to meddle in the workings of the NPA.

Once this lockdown is over, I’m keen to hear from Adv Batohi and see the direction of the NPA over the next few months, after which I will hopefully be able to continue my support of a long-term strategy intensification.

The thing with long-term strategies is that they may take long, but they also need to be seen to be working … and I can see this possibly working. But I understand that being able to see it, wanting to see it and actually seeing it are three different things, and I think Batohi gets that.

She needs to get it right because the NPA has historically been delivering the message that corrupt politicians can get away with anything. If they deliver that message any further, we may actually end up with a WhatsApp tax.

Richard Anthony Chemaly entertainment attorney, radio broadcaster and lecturer of communication ethics.

For more news your way, download The Citizen’s app for iOS and Android.