The MK Party has taken legal steps to prevent former National Director of Public Prosecutions Shamila Batohi from receiving her pension and post-service benefits, escalating tensions over her conduct while in office.
Court papers lodged on Monday ask the High Court in Pretoria to intervene and direct President Cyril Ramaphosa to institute a commission of inquiry into whether Batohi committed misconduct during her tenure.
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The party is also challenging the decision to fund Batohi’s legal representation at the ongoing inquiry chaired by Bess Nkabinde, arguing that any payments should be conditional upon security being provided should funds need to be recovered.
MK Party Seeks Urgent Court Order to Halt Batohi’s Pension Payout
In an affidavit submitted to the Pretoria High Court, MK Party chief whip Des van Rooyen states that the dispute concerns the use of public power at the highest level of the executive and the allocation of state funds.
He contends that authorising financial benefits for Batohi would be unlawful and maintains that such payments must be suspended while the court considers the party’s application. Batohi is expected to receive her pension in March.
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Van Rooyen argues that the party is not attempting to assume executive authority but is instead asking the court to exercise its supervisory role to ensure constitutional duties are carried out.
He further states that failure to examine Batohi’s entitlement to benefits, “particularly in the face of credible and serious evidence that suggests that Batohi has committed misconduct and or is unfit for office, constitutes an application of constitutional responsibility to uphold the rule of law”.
Nkabinde Inquiry Dispute Fuels Fresh Legal Battle
The legal challenge stems largely from developments at the inquiry established by Ramaphosa to assess the fitness of Gauteng NPA head advocate Andrew Chauke to hold office.
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Batohi, the principal complainant against Chauke and the inquiry’s first witness, faced repeated interruptions during her testimony over disputes concerning legal representation.
Her request for state-funded personal legal counsel was declined by the solicitor-general. An appeal to Justice Minister Mmamoloko Kubayi was also unsuccessful, with the minister advising her to use National Prosecuting Authority lawyers instead.
Batohi declined to continue giving evidence until the matter was resolved and later stepped away from the witness stand to seek independent representation.
“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.
“The contents and circumstances of that testimony accordingly transformed previously diffused concerns into concrete issues capable of legal determination and appropriate remedial action,” he says.
Allegations Over Prosecutorial Governance and Oversight
The MK Party argues that Batohi’s time as NDPP was characterised by contentious decisions relating to prosecutions and delegation of authority.
According to the affidavit, the inquiry is examining how the National Prosecuting Authority handled issues concerning jurisdiction, the withdrawal of racketeering charges and whether prosecutors were properly supervised in evidentiary matters.
“Taken together, the allegations outline factual concerns regarding the former NDPP’s approach to prosecutorial governance, oversight of senior prosecutors, responsiveness to accountability mechanisms and her conduct during oversight proceedings.
“Far from routine administration matters, these issues have drawn sustained public and institutional scrutiny, raising substantive questions about leadership, procedural compliance and respect for core principles underpinning the prosecutorial mandate.”
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Van Rooyen further claims that evidence presented before the inquiry indicates Batohi exercised her authority in a manner that compromised sound governance and oversight within the prosecuting authority, and that certain actions were not authorised under the relevant statutory framework.
The party also references the fatal shooting of a minor during a police operation, alleging deficiencies in the NPA’s response and stating that Batohi played a role in justifying the killing.
In addition, Van Rooyen says Batohi’s withdrawal from the inquiry before completing her testimony disrupted proceedings and left questions unresolved, reinforcing the party’s decision to seek relief.
The MK Party has asked the court to treat the matter as urgent.
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