A $7-million (about R116-million) fund meant to shore up South Africa’s plundered oceans remains frozen in a state account, with blame for the lack of progress in disbursing the money placed at the door of South Africa’s chief prosecutor.
At the centre of the standstill is National Director of Public Prosecutions, Adv. Shamila Batohi, whose office is accused of failing to authorise the use of the restitution money – repatriated from the US in 2018 after the conviction of fisheries magnate Arnold Bengis. Numerous pleas from the lawyers who secured funds have gone unanswered.
The restitution was intended to finance the Bengis Funds Projects, a series of initiatives designed to protect South Africa’s marine ecosystem and root out corruption in the fishing industry. Instead, the funds remain locked away in the Criminal Assets Recovery Account, while the country’s oceans continue to suffer.
The Bengis case was a global legal saga that spanned decades. Bengis, once a powerful figure in the fishing industry, was convicted in the US for smuggling illegally harvested South African marine products.
His crimes devastated local ecosystems and robbed South Africa of millions in revenue.
The restitution funds were meant to be a lifeline, a chance to undo some of the damage and prevent future exploitation. South Africa’s marine resources are under threat from overfishing, amid allegations of rampant corruption in the sector.
In a letter dated September 23, 2025, Barnabas Xulu, a prominent lawyer, wrote to Batohi, requesting her to act and disburse the funds for their intended purposes. Xulu’s firm played a role in securing the restitution funds, representing South Africa in the US and Jersey courts.
“The non-implementation of the projects might result in a reputational risk for the Republic of South Africa in the eyes of Jersey and the USA, as the countries worked closely with South African authorities in repatriating the Bengis restitution monies back to South
Africa,” Xulu wrote.
The letter went unanswered.
On October 6, Xulu followed up, expressing frustration at the lack of response. “We note that the period of reply under our letter of 23 September 2025 has now expired, and we have not so much as received acknowledgement of receipt of our correspondence,” he further wrote.
He also plans to escalate the matter to international authorities and the Judicial Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System.
As South Africa’s top prosecutor, Batohi has the authority to decide how the funds are used.
The US and Jersey are said to be concerned, as the restitution was contingent on South Africa’s commitment to use the money to combat illegal fishing and restore its marine resources.
Failure to act could tarnish the country’s reputation as a reliable partner in the fight against corruption.
The Bengis Funds Projects, designed by Xulu’s firm, BXI, in collaboration with the NPA and the Department of Agriculture, Forestry and Fisheries aimed to address systemic corruption in the fishing industry, bolster enforcement efforts, and rehabilitate marine ecosystems.
But the projects have been stalled, with allegations of political interference and bureaucratic roadblocks casting a shadow over their implementation.
For Xulu, the fight is personal.
His firm has been embroiled in numerous legal battles with the Department of Environmental Affairs, Forestry and Fisheries over the years.
Questions sent to the NPA were not answered.
