Democratic Alliance (DA) leader John Steenhuisen said his party will refer the National Prosecuting Authority (NPA) to Parliament’s Portfolio Committee on Justice and Constitutional Development to explain its decision not to prosecute in the Phala Phala case.

On Thursday, the Director of Public Prosecutions in Limpopo, advocate Mukhali Ivy Thenga said that there was no reasonable prospect of a successful prosecution in the Phala Phala case, based on evidence contained in the docket.

“I think there is a need for greater explanation of the decision. I think that when a decision like this is made and it has obvious implications that reach right to the top of government, greater information must be provided and I believe the Justice Portfolio Committee should be the place the NPA comes and shares with those who are exercised with conducting oversight, and are able to understand the decision,” said Steenhuisen during a media briefing in Johannesburg.

Once the NPA had accounted, he said, the DA would determine how to proceed.

Meanwhile, the party will write to the National Director of Public Prosecutions, advocate Shamila Batohi, and ask her to review the NPA’s decision as a matter of urgency.

DA spokesperson on justice and constitutional development advocate Glynnis Breytenbach said the Directorate for Priority Crime Investigation’s decision fails to meet the expectations of “transparency and accountability” owed to the South African public.

Breytenbach said the Phala Phala scandal was “much too important” to simply disappear without thorough scrutiny and full interrogation of the reasons behind the 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,” she explained.

She further pointed out that the NPA, and in particular Batohi, had a serious constitutional obligation to ensure that justice was done.

Breytenbach said a decision from the NPA of this magnitude required 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,” Breytenbach said.