In a dramatic legal manoeuvre, the newly formed MK Party has launched an urgent application in the Gauteng High Court in Pretoria, seeking to block the pension payout and other post-term benefits of former National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi. The move comes amidst a storm of allegations of misconduct and unfitness for office, stemming from Batohi’s controversial walkout from the Nkabinde Inquiry last year.
The MK Party’s application is not merely about freezing funds; it aims to compel President Cyril Ramaphosa to establish a commission of inquiry to determine whether Batohi is indeed guilty of misconduct. Furthermore, the party is urging the court to ensure that any payments made to Batohi are subject to her holding sufficient security, should the allegations against her be proven true. This legal challenge underscores a growing demand for accountability from public officials, particularly those in positions of immense power and responsibility within the justice system.
At the heart of the controversy is Batohi’s abrupt departure from the Nkabinde Inquiry, established by President Ramaphosa and headed by Judge Bess Nkabinde. The inquiry was convened to investigate the fitness of Gauteng NPA head Advocate Andrew Chauke to hold office, with Batohi serving as the main complainant and first witness. However, her testimony was repeatedly interrupted by disputes over legal representation. Batohi’s request for state-funded personal representation was rejected by the solicitor-general and subsequently by Justice Minister Mmamoloko Kubayi, who advised her to use the services of the NPA’s lawyers. Batohi, however, refused to resume her testimony until the issue was resolved, ultimately walking out of the proceedings.
Des van Rooyen, the MK Party’s acting parliamentary leader, articulated the party’s concerns in his affidavit to the Pretoria high court. He argued that the matter concerns the exercise of public power at the highest level and the expenditure of public funds. Van Rooyen contended that any decision to authorise financial benefits to Batohi would be unlawful, especially while the courts consider the MK Party’s application. Batohi was reportedly due to receive her pension in March, a payout the MK Party is now determined to halt.
Van Rooyen emphasised that the MK Party is not attempting to usurp executive power but rather invoking the court’s supervisory jurisdiction to ensure constitutional obligations are fulfilled. He stated that while the party had long-held concerns over Batohi’s conduct, these crystallised during her evidence at the Nkabinde Inquiry. “It was during the course of her evidence before the inquiry that the applicant’s concerns crystallised. In giving evidence, she did so not only as a private individual but as an officer of the court, a constitutional office bearer and a material witness whose testimony bears directly on the lawfulness and propriety of the decision during her tenure in office,” Van Rooyen stated.
The MK Party further claims that Batohi’s tenure was marked by contentious prosecutorial decisions and delegation practices. They point to the inquiry’s exploration of how the NPA, under Batohi’s leadership, managed matters involving jurisdictional authority, the reversal of racketeering charges, and whether prosecutors were properly guided and supervised in evidentiary requirements. These issues, according to Van Rooyen, raise substantive questions about leadership, procedural compliance, and respect for the core principles underpinning the prosecutorial mandate.
Moreover, the MK Party raised concerns about the NPA’s response to the shooting of a minor during a police operation, alleging that Batohi played a role in justifying the killing and that the NPA’s response was deficient. Van Rooyen also highlighted that Batohi’s withdrawal from the Nkabinde Inquiry mid-testimony prevented the inquiry from proceeding as planned, further underscoring the party’s call for relief against her.
This legal battle is set to be a significant test of accountability for public officials in South Africa. The outcome will not only determine the fate of Shamila Batohi’s pension but could also set a precedent for how allegations of misconduct against high-ranking officials are addressed. The MK Party’s urgent application signals a clear intent to challenge what they perceive as a lack of transparency and accountability at the highest levels of the country’s justice system.
Follow Us on Twitter
