National Prosecuting Authority (NPA) head Advocate Shamila Batohi opened her testimony by firmly rejecting Advocate Tembeka Ngcukaitobi’s claim that the case against suspended South Gauteng DPP Andrew Chauke is legally defective.
Batohi said this on Wednesday as she appeared before the Nkabinde Inquiry in Pretoria.
“He said that the case is legally defective and dangerously seeks to punish a prosecutor for exercising lawful prosecutorial decision. Madam chair and the panel, this cannot be further from the truth,” she told the panel.
She appeared before the panel to give evidence in the proceedings examining Chauke’s fitness to hold office, following his suspension by President Cyril Ramaphosa in July.
Batohi told the inquiry that bringing a senior colleague before such a process was not something she took lightly.
Clarified her position in the matter
“I would like to say to this panel that it is not easy to refer a senior colleague to an inquiry of this sort. And giving evidence before this panel is not something I relish. Advocate Chauke is a colleague that I’ve known for a long time. And with whom I’ve always had a professional and cordial relationship,” she said.
“I’ve discussed the subjects of these allegations with him, explaining to him that as a national director there’s a duty that I have in certain circumstances.”
Batohi stated that the testimony before the inquiry would show that the disputed prosecutions appeared to be politically motivated.
“There was no evidence in my view to support one of the charges. And in the other case it appears to protect someone from being prosecuted, when there was strong evidence in the matter. This is the context within which this matter is being dealt with,” she added.
Independence of prosecutors vital
She emphasised that prosecutors are expected to remain fiercely independent. Especially from political and public interference.
Batohi added that she had no personal knowledge of the initial events being examined. She was out of the country when they occurred, she said.
“Most of the facts happened before I was here,” she said. She further highlighted that she had interacted with Chauke throughout her six years in office.
Asked whether DPPs had ever requested additional prosecutorial support for high profile cases, Batohi confirmed that this had happened. And she said part of her role was to make Section 38 appointments to assist DPPs when required.
The inquiry continues.
