National Director of Public Prosecutions (NDPP) Shamila Batohi is staring down the barrel of a legal showdown by Friday after the decision not to prosecute Deputy President Paul Mashatile for fraud and perjury landed on her table this week for a review.
The clock is ticking, and the stakes are high as Zisiwe Attorneys, representing Sello Molefe, a North West ANC member involved in separate litigation against the party, laid down the gauntlet in a letter on Friday to Dr Rachel Makhari, director of public prosecutions in North West.
In the letter dated February 28, lawyer Bongani Zisiwe is unequivocal that if Batohi does not render a decision by the close of business on March 7, they will assume she is in agreement not to prosecute Mashatile. This assumption will propel them into judicial review proceedings, compelling Batohi to justify the National Prosecuting Authority’s (NPA’s) contentious decision, or the lack thereof.
“Whatever the decision of the NDPP might be, should that decision not be made by close of business on Friday, 7 March 2025, our client will accept that the NDPP agrees with your decision not to prosecute Mr Mashatile and shall institute judicial review proceedings without further notice to you,” Zisiwe stated.
Mashatile finds himself at the centre of a legal storm following accusations of fraudulent activities concerning an ANC national executive committee (NEC) resolution that he had submitted to court under oath in defence of the party’s appointment of an interim leadership in North West in early 2022. The allegations were brought to light by Molefe, who then initiated legal proceedings against Mashatile through Zisiwe.
The ferocity of Zisiwe Attorneys’ approach on Friday was palpable, dismantling the foundations of Makhari’s referral of the matter to Batohi. Zisiwe denied that his client’s previous correspondence to Mkhari – which triggered the referral to Batohi – constituted representations as provided for in the Constitution and the NPA Act.
“The referral of your own decision declining to prosecute Mr Mashatile to the NDPP was made by you mero motu (on own accord) and cannot find refuge under the auspices of Section 179(5)(d) of the Constitution, as well as Section 22(2)(c) of the NPA Act,” he wrote, referring to sections of the law that empower Batohi to review prosecutorial decisions.
However, Zisiwe highlighted that their previous correspondence was not a representation but a notice of intent, thus stripping any false security from those assuming otherwise.
“At the outset, we wish to point out to you that our correspondence dated 21 February 2025 was not representations being made on behalf of our client (“the complainant”), but was a notice given to you informing you of our client’s intention to institute judicial review proceedings against the NPA to set aside your decision not to prosecute Mr Mashatile,” he stated.
Zisiwe warned that Batohi’s silence will be met with a judicial challenge.
According to Molefe’s criminal complaint, filed with the Mmabatho SAPS, Mashatile falsely claimed that an ANC NEC meeting took place between July 26 and July 29, 2022, where a resolution was taken to extend the term of the then-interim provincial committee (IPC). Mashatile was authorised to manage legal proceedings on behalf of the ANC.
However, during an urgent application against the ANC, Molefe, as the fourth applicant, sought to challenge the legitimacy of the ANC’s 9th provincial conference of North West, citing the lapsed IPC term.
Mashatile opposed this application and presented the supposed resolution to the North West High Court, which was hearing Molefe and Luthuli House’s case.
Zisiwe said Mashatile lied.
“Mr Mashatile was fully aware that no such meeting occurred. His actions constitute not only fraud but also perjury, relying heavily on a questionable resolution.”
The dispute on the legitimacy of the provincial conference was before the Supreme Court of Appeal in Bloemfontein for a hearing on Wednesday, and judgment was reserved.
