MK Party Calls for Investigation into NPA Head Shamila Batohiis involvement in 16-year-old Kwazi Ndlovu's death
Pretoria – The uMkhonto weSizwe Party (MKP) has formally requested the Investigating Directorate Against Corruption (IDAC) to investigate National Prosecuting Authority (NPA) head Shamila Batohi's alleged involvement in the death of 16-year-old Kwazi Ndlovu during a police operation in KwaZulu-Natal in 2010.
The complaint was lodged at the IDAC office in Pretoria yesterday by MKP MP Des van Rooyen, accompanied by other party members. Van Rooyen stated that the core of their affidavit centres on the conduct of a police officer, Gonasagren Padayachee, and the conduct of Shamila Batohi, along with the prosecutor responsible for overseeing the case of the young boy killed under the guise of self-defence during a police operation in KwaZulu-Natal.
The MKP's action follows revelations made during the ongoing Nkabiinde Inquiry into the fitness to hold office of suspended Director of Public Prosecutions, Johannesburg, Andrew Chauke. The party believes these revelations warrant an investigation into Batohi's role in the Ndlovu case.
Padayachee, a member of the Cato Manor death squad who was accused of shooting Ndlovu, was ultimately acquitted of murder. The MKP now seeks to revisit this case based on new information that has surfaced.
Van Rooyen elaborated on the evidence presented to the Nkabiinde Commission, stating, "It was confirmed that a boy of 16 years was killed under the pretext of self-defence, and also the submission that went to the Nkabiinde Commission confirmed that they went further, even to plant a weapon, trying to justify the killing." He added that ballistic and forensic investigations established that there was no justification for the killing of the 16-year-old boy.
According to Van Rooyen, Batohi allegedly used her prosecutorial authority to justify the version of self-defence, despite what he described as "overwhelming evidence of ballistics and forensics that demonstrated that that narrative was wrong."
The MKP has urged IDAC to investigate and gather all evidence previously collected before the commission. Van Rooyen criticised Batohi's recent withdrawal from the Nkabiinde Inquiry, where she had been testifying against Chauke, citing the need to seek legal advice. "It is too hot for Batohi at the commission. She literally even ran away. She demonstrated that she is very arrogant," he claimed.
The Nkabiinde Inquiry, led by retired Constitutional Court Justice Bess Nkabiinde, is currently examining Chauke’s suitability to hold office. President Cyril Ramaphosa called for the inquiry following Chauke’s suspension in July, which was prompted by allegations of quashing prosecutions against politically connected individuals. Batohi had requested disciplinary action against Chauke nearly two years prior to his suspension.
In addition to filing the complaint with IDAC, Van Rooyen confirmed that the MKP has also approached the Independent Police Investigative Directorate (IPID) to file a complaint against Padayachee, based on the information that emerged from the Nkabiinde Inquiry.
Van Rooyen further stated that the MKP has long held the view that Batohi is "not fit to lead that office" and reiterated the party's previous calls for her resignation. "But, unfortunately, that fell on deaf ears, but now everything is in the public and everyone can see what kind of a leader (she is)," he said.
Concluding his statement, Van Rooyen expressed the MKP's hope for justice to be served, particularly for the family of Kwazi Ndlovu. "We expect justice to be done, especially for the family that lost a boy of 16 years old. We hope that those who are implicated will definitely face the law," he affirmed. The investigation by IDAC is now keenly awaited, with potential ramifications for both Batohi and the NPA.
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