The uMkhonto we Sizwe Party (MK Party) has formally called for an inquiry into the fitness of Shamila Batohi for the time she served as National Director of Public Prosecutions (NDPP), arguing that concerns about leadership and prosecutorial performance at the National Prosecuting Authority (NPA) require independent scrutiny.
The party’s application comes after Batohi recently went into retirement. The application forms part of a broader bid that could ultimately see Batohi’s pension benefits and related entitlements from her tenure withheld, should findings go against her.
Party wants benefits frozen
“Allowing benefits to be paid under these circumstances would expose the State to irregular expenditure, undermine public confidence in the National Prosecuting Authority, and reward conduct that is fundamentally incompatible with constitutional standards of accountability and integrity,” it argued.
In Part B of its application, the MK Party seeks substantive constitutional relief. It is asking the court to declare that President Cyril Ramaphosa has a constitutional obligation to institute an inquiry into Batohi’s fitness to hold office when she served her seven-year term.
In its founding papers, it states: “The Office of the National Director of Public Prosecutions carries immense constitutional responsibility. Where serious concerns arise regarding the exercise of that responsibility, an open and transparent inquiry is required in the interests of justice.”
Tenure fraught with poor leadership
The party further contends that public confidence in the NPA was weakened under Batohi’s leadership. It described her leadership as a period of inconsistent decision-making and delays in concluding high-profile corruption cases.
While acknowledging that the institution inherited deep structural damage from the era of state capture, the application argues that sufficient time has passed for measurable progress to be evident.
“South Africans were promised a decisive rebuilding of the prosecuting authority,” the papers read.
“Yet there remains widespread frustration over the pace and outcomes of prosecutions in matters involving corruption and abuse of power.”
The party insists that its application is not an attempt to interfere with prosecutorial independence.
“An inquiry is not a presumption of guilt. It is a lawful process aimed at determining whether the leadership of the NPA continues to meet the high standards required by the Constitution.”
Contemptuous conduct
According to the application, only an independent inquiry can “restore public trust and ensure accountability at the highest level of prosecutorial authority”.
In the court papers, the party makes reference to the controversy surrounding her walkout from the inquiry chaired by former Constitutional Court Justice Bess Nkabinde. The panel had been appointed by Ramaphosa at Batohi’s request to assess the fitness of Gauteng Director of Public Prosecutions Andrew Chauke.
Her conduct during the probe drew scrutiny. It added to the broader debate about accountability and leadership within the prosecuting authority. She refused to respond to questions posed to her by Advocate Tembeka Ngcukaitobi on December 15th without legal representation. And she later walked out despite being under oath.
She later apologised for her actions.
Batohi led the NPA since 2019, and has previously defended her record. She highlighted efforts to rebuild capacity, improve collaboration with investigative bodies and pursue complex corruption matters.
Batohi has stepped down as the head of the prosecuting authority, leaving behind a mixed legacy. Her tenure has drawn both praise for institutional rebuilding efforts and sharp criticism over the pace of prosecutions.
