Batohi reveals attempts to influence NPA's work

NATIONAL Director of Public Prosecutions, Shamila Batohi, has hinted at what is to come from her testimony against suspended director of public prosecutions (DPP), Johannesburg, Advocate Andrew Chauke, saying the issues of interference and improper influence will feature.

She made the remarks when  testifying at the Nkabinde Inquiry on Thursday. A panel, chaired by retired Constitutional Judge Bess Nkabinde, is looking into his fitness to hold office. Batohi was instrumental in President Cyril Ramaphosa calling the Inquiry. 

Batohi told the panel that prosecuting in South Africa during these times is a challenging job and it does happen on occasions that people try to influence the work done by the prosecuting authority.

Asked by evidence leader Advocate David Mohlamonyane whether it ever happens in practice that prosecutors are hindered in doing their work independently, Batohi confirmed that it happens that people want to influence the NPA’s work.

She added that even some media reports—which on occasion provide detailed analysis of cases—could amount to the obstruction of justice. 

When she commented that certain institutions on occasion try to influence the independence of the NPA, Judge Nkabinde advised her to “rather not go there”. “Sometimes less said is better. You don't want to unintentionally tread on toes,” the judge advised.

Batohi responded that the issues of improper influence will, however, feature in the case against Chauke.

“There will be allegations of interference and improper influence. Evidence will be led about this,” Batohi said.

Matters which are expected to come under the spotlight include Chauke’s decision to institute racketeering charges in terms of the Prevention of Organised Crime Act (Poca) against former KwaZulu-Natal Hawks head Major-General Johan Booysen and members of the Cato Manor Organised Crime Unit.

It is claimed that Chauke also recommended to then acting National Director of Public Prosecutions Advocate Nomgcobo Jiba the application for a racketeering authorisation under Poca, whereas there was no evidence justifying the institution of racketeering charges against the accused.

In addition, Chauke allegedly failed to continue with charges against former police crime intelligence boss Lieutenant-General Richard Mdluli for his involvement in the murder of Tefo Abel Ramogibe. Chauke denied these allegations, and his defence team remarked that it is “dangerous” to level these allegations against a prosecutor who was simply doing his job.

Cape Times