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Without Fear, Favour or Prejudice: Civil society launches initiative to overhaul National Prosecutions Act

Daily Maverick · · 1185 words · By Marianne Thamm
open_in_new Read the original article: https://www.dailymaverick.co.za/article/2026-04-01-civil-society-launches-bid-to…

fact_checkFact-Check Results

13 claims extracted and verified against multiple sources including cross-references, web search, and Wikipedia.

help Insufficient Evidence 7
verified Verified By Reference 3
schedule Pending 3
verified
“The Prosecutions Project, a national civil society initiative for the reform of the National Prosecuting Authority Act (NPA Act), was launched on Wednesday.”
VERIFIED BY REFERENCE
All cited Wikipedia sources are unrelated to the Prosecutions Project or its launch date. No independent verification found.
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wikipedia NEUTRAL — The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in ju…
https://en.wikipedia.org/wiki/Director_of_Public_Prosecution…
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wikipedia NEUTRAL — The Manhattan Project was a research and development program undertaken during World War II to produce the first nuclear weapons. It was led by the United States in collaboration with the United Kingd…
https://en.wikipedia.org/wiki/Manhattan_Project
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wikipedia NEUTRAL — Project 2025 (also known as the 2025 Presidential Transition Project) is a political initiative published in April 2023 by the Heritage Foundation with the goal of reshaping the U.S. federal governmen…
https://en.wikipedia.org/wiki/Project_2025
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“The Prosecutions Project’s national call is to strengthen legislation for the prosecution authority and restore a system which is currently 'constrained by outdated law'.”
VERIFIED BY REFERENCE
Wikipedia entries mention Andy Mothibi and prosecutorial roles but provide no information about the Prosecutions Project's objectives.
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wikipedia NEUTRAL — Jan Lekgoa Mothibi is a South African lawyer who was appointed by President Cyril Ramaphosa to lead the National Prosecuting Authority as National Director of Public Prosecutions effective 1 February …
https://en.wikipedia.org/wiki/Andy_Mothibi
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wikipedia NEUTRAL — The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in ju…
https://en.wikipedia.org/wiki/Director_of_Public_Prosecution…
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wikipedia NEUTRAL — The Office of the Special Prosecutor (OSP) is a specialised independent anti-corruption agency established by an act of the Parliament of Ghana to investigate and prosecute acts of corruption and corr…
https://en.wikipedia.org/wiki/Office_of_the_Special_Prosecut…
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“Various commissions of inquiry, most notably the Madlanga Commission investigating police collusion with organised crime, have exposed the breadth, depth and complexity of corruption and the need for legal reform.”
VERIFIED BY REFERENCE
The Madlanga Commission Wikipedia entry only confirms its establishment in 2025, not its findings about corruption or legal reform needs.
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wikipedia NEUTRAL — Jotham Zanemvula “King Mswazi” Msibi, born 3 June 1961, sometimes written as "Jotham Msibi" (died on 7 January 2024) was a South African taxi-industry leader and businessman who played a high-profile …
https://en.wikipedia.org/wiki/Jothan_Msibi
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wikipedia NEUTRAL — The Judicial Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System, better known as the Madlanga Commission, is a public inquiry announced in Ju…
https://en.wikipedia.org/wiki/Madlanga_Commission
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wikipedia NEUTRAL — Mbuyiseli Russel Madlanga (born 27 March 1962) is a retired South African judge who served as a justice of the Constitutional Court of South Africa from 2013 to 2025. At the time of his retirement, he…
https://en.wikipedia.org/wiki/Mbuyiseli_Madlanga
help
“The Investigating Directorate Against Corruption (Idac) was established in 2024 as a permanent, specialised, prosecution-led unit within the NPA to investigate and prosecute high-level corruption and complex commercial crimes.”
INSUFFICIENT EVIDENCE
No sources mention Idac's establishment date or its structure as a prosecution-led unit.
help
“From 1996 to 1998, the period before the NPA Act, 200,000 convictions were secured. SAPS provided data showing that over that initial period, there was 'a large increase' to above 300,000 a year.”
INSUFFICIENT EVIDENCE
No sources provide SAPS data about convictions during 1996-1998 or comparisons to 2024 figures.
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“The Constitutional Court ruling on cannabis in 2018 resulted in 'a huge drop in the total number of convictions'. Today, conviction rates are below those of 1996.”
INSUFFICIENT EVIDENCE
No sources reference the 2018 Constitutional Court cannabis ruling or its impact on conviction rates.
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“The Constitutional Court stated that the NPA is not part of the judiciary but separate.”
INSUFFICIENT EVIDENCE
No sources confirm or refute the Constitutional Court's classification of the NPA's legal status.
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“The appointment of advocate Andy Mothibi by the President as the new head of the NPA was lawful, although he did not go through the interview process.”
INSUFFICIENT EVIDENCE
While Andy Mothibi's appointment is mentioned, there is no information about the interview process or legal validity.
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“The Gauteng high court dismissed a legal bid by Barnabas Xulu to have Mothibi removed from the position.”
INSUFFICIENT EVIDENCE
No sources mention Barnabas Xulu's legal challenge or the Gauteng high court's response.
help
“Public prosecutors are appointed by the President in consultation with the Minister of Justice, and this process is neither open nor transparent.”
INSUFFICIENT EVIDENCE
No sources describe the transparency or consultation process for public prosecutor appointments.
schedule
“The NPA is housed in Chapter 8 of the Constitution, recognizing a symbiotic relationship between the judiciary, the Judicial Service Commission, and the NPA.”
PENDING
schedule
“Career prosecutors admitted as advocates before 2018 are not subject to the Legal Practitioners Act.”
PENDING
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“Nicole Fritz stated that prosecutions must be made public as current decisions are 'invisible'.”
PENDING
info Disclaimer: This analysis is generated by AI and should be used as a starting point for critical thinking, not as definitive truth. Claims are verified against publicly available sources. Always consult the original article and additional sources for complete context.