The unresolved questions around the Phala Phala farm scandal took centre stage on Tuesday as National Director for Public Prosecutions Shamila Batohi told Members of Parliament she had not acted on the matter because key legal steps had not yet been completed.
Batohi said the decision on the Phala Phala case lay with the Director of Public Prosecutions (DPP). She added that anyone could request a review process.
Batohi told the parliamentary Ad Hoc committee that she was still trying to confirm whether the DPP had indeed taken a decision, noting that earlier in the proceedings, EFF leader Julius Malema had claimed such a decision had been made.
“There’s two matters relating to the Phala Phala case. One is the possession of the US dollars by the president, a case opened by Mr Arthur Fraser. And the other is, and this particular case, there is no decision on the matter yet. This matter is the DPP, I think it’s Limpopo.
“The file is with the Specialised Crime Unit in the head office. And they are going to get a panel to sit on this matter to consider it but there is no decision. The other matter related to theft of cash from the President’s farm, which is in court,” said Batohi.
Malema disputes review story
Malema strongly disputed Batohi’s explanation. He accused her of misleading the committee about the status of the decision.
“Even the head of Investigating Directorate Against Corruption (IDAC) told us that the matter is with her because there were people who took that matter on review.
“And the question is ‘why isn’t she able to prosecute on that matter even when Limpopo declined?’ There was a review which was brought to her attention. That’s where the matter is. To say there was no decision on Phala Phala is incorrect,” said Malema.
Batohi also addressed another controversy on the allegations of conflict of interest involving IDAC head Andrea Johnson.
She told the committee Johnson should not have taken part in the panel that hired her husband.
Panel that appointed husband
Johnson had testified earlier that she was involved in the panel that appointed her husband to the Directorate of Special Operations, the former Scorpions unit.
She explained that she had recused herself only from her husband’s interview, not from the shortlisting stage. But under pressure from MPs, she conceded she should have stepped aside completely.
The issue resurfaced as the IDAC investigates corruption allegations against General Dumisani Khumalo. He (Khumalo) had been her husband’s superior at Crime Intelligence, where he now works.
Johnson rejected any claims of conflict of interest, insisting she and her husband kept a strict professional divide. And they did not discuss sensitive matters, not even in “pillow talks”.
Political Killings Task Team
Questions also arose about the dismantled Political Killings Task Team (PKTT), whose collapse prompted the inquiry. When asked about its performance, Batohi said she could not confirm whether the team had been effective.
However, she noted that early in her tenure there had been complaints that prosecutors were not enrolling cases brought by the task team. Also that there were challenges in how the team and prosecutors worked together.
“Apart from that, there are no specific issues that came about the PKTT. So I can’t say whether they were successful or not. It’s something the DPP would have to testify on,” said Batohi.
