NPA boss accuses suspended Director of Public Prosecutions of political motives

NATIONAL Director of Public Prosecutions (NDPP) head Shamila Batohi has intimated that some of the high-profile cases that suspended Director of Public Prosecutions Andrew Chauke pursued  were politically motivated.

She made reference to the case of the institution of racketeering charges against former KwaZulu-Natal Hawks boss Major-General Johan Booysen and members of the Cato Manor Unit. It is claimed that while there was no evidence linking Booysen and the team to racketeering, Chauke persisted in seeing them prosecuted.

Batohi also referred to the matter regarding the failure to continue with murder and other charges against former Crime Intelligence head Lieutenant-General Richard Mdluli. In this case, she said Chauke protected him from being prosecuted while there was strong evidence against Mdluli.

Batohi, however, conceded before the Nkabinde Inquiry into Chauke’s fitness to hold office that these events took place before she became the NDDP head.  

“I have no personal knowledge of any of these cases. Most of the facts happened before I was here.”

Batohi was instrumental in Chauke being suspended by President Cyril Ramaphosa in July and for the president establishing the Nkabinde Inquiry, headed by retired Constitutional Court Justice Bess Nkabinde.

She was the first witness to take the stand on Wednesday. In her opening remarks, she said giving evidence before the inquiry was not something she relishes.

Batohi said she had known Chauke for a long time and they always had a cordial relationship.

“But as the National Director, I have a duty. I believe a full hearing will be in the interest of Advocate Chauke and the NPA to ensure that a fair decision is reached. The Constitution and the NPA Act require all of us to serve the people in South Africa in good faith. These are not just words. They mean a lot,” Batohi told the Inquiry.

Batohi said decisions made by prosecutors can alter the course of a person’s life, as some can be falsely accused, while on the other hand victims might not obtain justice.

Every single prosecutor in the country must adhere to this principle and uphold the rule of law. Any perception that prosecutions are politically motivated to pursue a case without the necessary evidence or abandon a case for ulterior motives goes against the NPA Act, she told the inquiry.

Batohi said this is the context of the current inquiry into Chauke’s fitness to hold office. She pointed to the opening remarks this week by Advocate Tembeka Ngcukaitobi, on behalf of Chauke, where he said this case dangerously seeks to punish a prosecutor for simply doing his job.

“This can't be further from the truth,” she said.

Cape Times