Court to hear MK party’s urgent bid against Batohi’s pension
· Citizen
The Gauteng High Court in Pretoria on Wednesday will hear former president Jacob Zuma’s MK party’s urgent bid to block the payment of former National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi’s pension and other post-term gratuities, including reversing the decision to fund her legal costs in the Nkabinde Inquiry.
The MK party launched an urgent court bid this month.
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Intervention
MK party national spokesperson Nhlamulo Ndhlela said they are asking the court to urgently intervene, to halt any payments to Batohi, and to ensure full judicial oversight while the matter is reviewed.
“At the centre of the application are serious concerns about Advocate Batohi’s fitness to hold office, as well as whether she may be improperly positioned to benefit from gratuity payments despite these concerns.
“The MK Party is alarmed by the lack of transparency and accountability in the processes leading to these potential payments, and the risk that public funds could be released before the legality of the situation is properly tested,” Ndhlela said.
Application
In its application, the party cited Batohi’s conduct at the Nkabinde Inquiry, which is investigating Gauteng Director of Public Prosecutions Andrew Chauke’s fitness to hold office.
The party Batohi of misconduct, perjury and dereliction of duty.
“The inquiry’s materials reflect unexplained delays in processing certain documents, inconsistencies in the NDPP’s explanations regarding their movement or custody and contradictions between her account and the recollections of senior NPA staff regarding her responsibilities and actions.
“These matters raise serious doubts about whether the constitutional and statutory duties of diligence, care and proper oversight were discharged,” the party said in its affidavit.
Term
In December last year, Batohi was accused of being disrespectful after she refused to continue with her testimony until she had consulted with her legal team.
Batohi’s term ended in January upon reaching the mandatory retirement age of 65.
NPA leading questioning
Earlier this month, the Nkabinde inquiry rejected the National Prosecuting Authority’s (NPA) bid to lead its own questioning during proceedings.
The NPA sought to adjust the Nkabinde inquiry rules by leading evidence and cross-examining witnesses itself, rather than working through the evidence leaders appointed under the presidential proclamation.
If the application had been granted, it would have created two parallel lines of questioning in proceedings examining the collapse of the Cato Manor racketeering case and Chauke’s conduct.
However, retired Constitutional Court Judge and chairperson of the inquiry, Justice Bess Nkabinde, dismissed the request.