Advocate Shamila Batohi has told the Nkabinde inquiry that it was unlawful for suspended Gauteng director of public prosecutions Andrew Chauke to pressure the acting KwaZulu-Natal Director of Public Prosecutions to sign an indictment in the Johan Booysen matter without providing supporting evidence.
Batohi, who is the National Director of Public Prosecutions, said this on Monday while testifying before the Nkabinde panel that is investigating Chauke’s fitness to hold office.
Evidence of interference
Batohi said documents, emails, and affidavits placed before the panel established prima facie evidence of interference in prosecutorial independence. This is the central issue the inquiry was established to examine.
The NDPP told the panel that was sitting in Pretoria that then-acting KwaZulu-Natal DPP Advocate Cyril Mlotshwa had repeatedly refused to sign the indictment sent to him by Chauke on June 12, 2012. And this was because no docket or supporting evidence accompanied it.
“Mlotshwa correctly took the view that it would be unlawful to sign an indictment without satisfying himself that the evidence justified the charges,” Batohi said.
She highlighted an email in which Chauke instructed Mlotshwa to put any discomfort in writing so the matter could be escalated to the Acting NDPP.
Minister had no role in decisions
Batohi further revealed that the email was later sent to the Minister of Justice. A reference she described as highly problematic because the minister has no role in individual prosecutorial decisions.
She said evidence showed that the prosecution team had bypassed Mlotshwa entirely. They reported directly to Chauke, leaving the provincial acting head without access to critical documents.
Batohi noted that Mlotshwa was removed as acting KwaZulu-Natal DPP on July 9, 2012.
The following day, a racketeering authorisation application in the Booysen matter bearing Chauke’s name was submitted to the NPA’s specialised VGM offices.
Days later, Advocate Moipone Noko was appointed acting DPP on the recommendation of then Acting NDPP, Advocate Nomgcobo Jiba.
The inquiry continues.
READ MORE: NPA boss Shamila Batohi links Andrew Chauke saga to historic capture claims
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