Shamila Batohi confirms review of Phala Phala case decision
NDPP Advocate Shamila Batohi
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The National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, confirmed during a parliamentary inquiry that the decision by the Limpopo Director of Public Prosecutions (DPP) not to pursue charges related to the controversial Phala Phala case is currently under review.
Batohi made the remarks on Tuesday while responding to pressing inquiries, notably from EFF leader Julius Malema, who expressed concern that the NDPP seemed uninformed about the ongoing status of the Phala Phala investigation, which involves allegations tied to the theft of US dollars from a farm owned by President Cyril Ramaphosa.
During the inquiry, Malema articulated his worries, questioning Batohi's awareness of the direction in which this high-profile case was headed. “It will be very worrisome if you come before this platform and say you don't know what is happening,” he said, indicating that the Limpopo DPP had declined to prosecute the case in 2024.
In her defense, Batohi clarified that the matter was still in review at the head office, with the Specialised Commercial Crime Unit (SCU) examining the documentation. “It is in review. The matter is in head office. It is being dealt with by the SCU,” she affirmed, attempting to shed light on the current complexities surrounding the case.
Responding further to claims made by the MK Party's Vusi Shongwe, who suggested that Batohi was acting as a protector of President Ramaphosa, she reiterated that there were two separate matters pertaining to Phala Phala: the possession of stolen US dollars and a different case of cash theft which is presently in court.
“There is no decision yet. This matter is with the DPP in Limpopo. The file is with the SCU in head office, and they are going to get a panel to consider the matter,” Batohi explained. She asserted that despite claims of the case resting on her desk, that assertion was incorrect as she required formal reports from the DPP for any oversight.
In response to further challenges from Malema regarding the Limpopo DPP's decision to not prosecute, Batohi stated that the review process had not commenced since no formal complaint had been raised with her office.
Moreover, the inquiry also touched on additional procedural concerns, including a separate incident involving the head of the Independent Directorate Against Corruption (IDAC), Advocate Andrea Johnson. Batohi disclosed her intent to investigate claims surrounding Johnson’s involvement in an interviewing panel where her husband was considered, describing it as a significant error in judgement.
“It is certainly something to be looked at because on the face of it, it's a really bad error of judgement. She should not have been on the panel,” Batohi remarked, emphasising the necessity for integrity within prosecutorial processes.