Shamila Batohi, the national director for public prosecutions, has come under fire for not naming a prosecutor who is allegedly connected to organised crime.
Batohi was providing testimony to the parliamentary ad hoc committee that is looking into claims made by Lt-Gen Nhlanhla Mkhwanazi, the commissioner of police for KwaZulu-Natal, regarding state security issues.
She acknowledged that Dumisani Khumalo, the head of crime intelligence for the South African Police Service, and national police commissioner Fannie Masemola had told her about a particular member of the National Prosecuting Authority (NPA) who was allegedly involved in organised crime, but she would not identify the official because the case is still being investigated.
According to Batohi, she could only identify people who had appeared in court.
“I immediately, upon receiving that information, made a formal referral of the matter to the IDAC [Investigating Directorate Against Corruption] to investigate,” she said.
“That’s the one direct piece of evidence—evidence information, I should say—because I did ask the national commissioner and General Khumalo.
“I met them, and I said to them, ‘please, we need more evidence so that we can look into this matter, because it’s unacceptable and untenable that any member of the prosecuting authority is involved with organised criminality.’
MPs pressed her to reveal the name of the prosecutor, but Batohi stood firm, and she will not identify the person.
However, she told the committee that she would speak with the legal counsel during lunch and find out if she could reveal the name in camera and if she needed a legal opinion to address the matter.
Malema wants prosecutor named
EFF leader Julius Malema said “a rotten NPA” was dangerous to the constitution and citizens, highlighting that Batohi should not protect the prosecutor.
“You cannot protect an individual over the constitution of the Republic of South Africa. Just her failure to respond to this question means she must take her bag and go. She’s not going to be useful to us,” Malema said.
“We are asking names; that’s why we are here. We are told there are people—people with names; who are those people?
“We want names of drug cartels, we want names of corrupt police [officers], we want names of corrupt judges, and we want names of corrupt prosecutors.”
Malema went on: “That is the whole idea of us being here. When she left home, she left saying she’s going to do what here? She’s coming to read a policy statement in an inquiry?
“Here we even discuss the boardroom; we are discussing pillow talk here—that’s how far we go. Now we are told we can’t be given the name of a prosecutor who is suspended.”
Suspended with full pay
According to him, he was aware that President Cyril Ramaphosa had suspended Adv Andrew Chauke, the director of public prosecutions for South Gauteng.
Chauke was suspended with full pay on July 20 pending an investigation that seeks to establish if he is fit to hold office and to stand as an NPA member.
He said Batohi’s failure to reveal the name, even after Ramaphosa publicly announced the suspension of Chauke, was undermining the committee and showing unwillingness to cooperate with MPs.
“Mildly putting it, she’s undermining us. She left her home, having decided to come and undermine us,” Malema said.
Patriotic Alliance MP Ashley Sauls said the concern is whether Batohi will reveal the name even when granted the opportunity to do so in camera.
He said the prosecutor under investigation is not suspended for the same matter related to the one she is referring to, but the name should be given before the committee.
