NDPP refuses to disclose prosecutor's name in organised crime inquiry

The National Director of Public Prosecutions (NDPP) Shamila Batohi on Tuesday stood her ground and refused to name a prosecutor allegedly implicated in organised crime.

Testifying at the parliamentary inquiry probing the allegations made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, Batohi confirmed that she received information about the prosecutor from SAPS National Commissioner Fannie Masemola and Crime Intelligence boss Dumisani Khumalo.

She would not name the implicated prosecutor and said the matter was under investigation by the Independent Directorate Against Corruption (IDAC).

Masemola and Khumalo have since been asked to give the National Prosecuting Authority (NPA) more information.

“It is unacceptable and untenable for any member of NPA to be involved in organised crime,” she said.

MK Party MP David Skosana wanted to know whether the suspended prosecutor was Deputy Director of Prosecutions Andrew Chauke, recently suspended by President Cyril Ramaphosa.

“Some South Africans know who is that person we talk about,” he said.

In her response, Batohi said she did not want to hide anything from the committee and also did not want to be irresponsible.

“It is not fair to the process. It is not fair to the person concerned. It might not turn out to be true,” she said, adding that the life of the implicated prosecutor may be destroyed should the intelligence information not be verified.

EFF leader Julius Malema insisted that the prosecutor be named.

“If we can't be told names, let's just go home,” he said, before asking if the impacted person was Chauke.

“If we are going to proceed like that, we are going to be toothless,” Malema said.

However, Batohi said she did not want to be disrespectful to the committee and stated that the information was at the level of intelligence.

“It would be hugely irresponsible of me based on the intelligence received, which may turn out not to be true. I don’t want to put people’s lives at risk.”

She indicated that it was not known the kidnapping of IDAC chief investigator Mathew Sesoko was a direct consequence of being named at the committee last week.

“It does put people at risk and I don’t want to be irresponsible,” Batohi added.

EFF MP Leigh-Ann Mathys said the committee has an option of a closed session.

“We are wasting our time if we don’t have names,” she said.

In response, Batohi said it has always been the position of the NPA not to give names of people under investigation, and she stressed that she was not protecting anyone by refusing to give the name.

She noted that other witnesses mentioned names of other people to the committee before.

“Maybe the closed session is not such a bad one,” she said.

She reiterated that it would be hugely irresponsible to name the affected person.

“Here I am in a situation that has the flimsiest bit of intelligence. I still urge I can't say in an open session... I don’t want to disrespect you and this committee. I want to be responsible and not destroy lives; a single life is one too many.”

ANC MP Xola Nqola proposed that the NPA submit a written report with the name of the person by the time the committee finalises its work.

“The committee must not be disadvantaged in collating evidence. Before the committee does a winding up report, that evidence must be sent through a written report to the committee,” he said.

But, MK Party MP Sibonelo Nomvalo accused the NDPP of not cooperating with the parliamentary inquiry.

“Here we are investigating and we can't be told how to investigate. Don’t undermine our intelligence. The name must be revealed. You are refusing to give insight affecting our justice system,” said Nomvalo.

This happened as Malema said Batohi can't protect an individual over the Constitution.

“A rotten NPA is dangerous to the Constitution of the Republic of South Africa,” he said.

Malema said if Batohi can't give the name, she must just pack her bag and go.

“She is undermining us and has left her home to undermine us,” he said.

Patriotic Alliance Ashley Sauls dismissed the suggestion that the names of persons were named in the committee, saying they still don’t know the names of the Big 5 cartel, as Mkhwanazi said they were investigating.

Sauls said the name of the implicated prosecutor can be revealed in a closed session.

DA MP Glynnis Breytenbach was in support of the closed session along with ANC MP Khuselwa Sangoni-Diko and IFP MP Albert Mncwango.

Committee Chairperson Soviet Lekganyane allowed Batohi to consult the NPA counsel during the lunch break.

At the resumption of the proceedings, Batohi reported that they will seek a legal opinion on whether the name of the prosecutor should be provided in writing or in a closed session before the committee concludes its work.

This was not welcomed by MPs, with Malema decrying that the NPA was still to consult somewhere and incur more costs.

“We can't accept that. At the end of today’s session, we will ask the media to leave, and she will have to give us that name. We can't leave without that name,” he said.

His sentiments were echoed by other MPs, with Sangoni-Diko and Skosana, before Lekganyane ruled on the matter.

 “At the end of today’s proceedings, we shall have that closed session,” he said.

Batohi said she could consult with their legal counsel before the closed session.

“This is a serious constitutional issue,” she said.

mayibongwe.maqhina@inl.co.za