Shamila Batohi wants names of prosecutors allegedly linked to criminal syndicates

National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, on Tuesday said she will write to national police commissioner Fannie Masemola to ask for information regarding the prosecutors who were allegedly participating in ensuring criminal syndicates evade justice.

Testifying at the parliamentary inquiry probing allegations made by KZN police commissioner Nhlanhla Mkhwanazi, Batohi said there were no names provided by Mkhwanazi when he made the explosive allegations at a media briefing on July 6.

“I will write to the National Commissioner to ask him to reveal that we want the names of those prosecutors that General Mkhwanazi alleged are involved in any kind of criminal activities. This is something we have to investigate,” she said.

Batohi was responding to a question by ANC MP Xola Nqola, on whether she has established the veracity of the allegations made by Mkhwanazi and set up mechanisms to ensure such things do not happen.

Nqola noted that Chief Justice Mandisa Maya had called for those who had information, about implicated members of the judiciary, to come forward.

According to Batohi, Mkhwanazi did not mention names at the media briefing, and she did not know whether he was pressed to reveal the names at the inquiry.

“Those are the names we need. I will be writing to the National Commissioner  to get that information to make sure it is properly investigated. It;s just that we need time but it is an urgent matter that needs attention.”

In her evidence earlier in the day, Batohi said the NPA Act allows for the creation of an office to deal with integrity issues.

She said the NPA previously had the Integrity Management Unity and now an Office for Ethics and Accountability has been set up to investigate any complaints of improper conduct against members of NPA.

The NPA received 58 complaints against prosecutors since 2019, 31 of those complaints were closed as unsubstantiated, 16 were referred to the human resources and seven required representations.

There were currently four prosecutors under investigation while eight prosecutors were dismissed, two resigned and one not found guilty.

“When there are allegations against any prosecutor, we don’t sweep under the carpet. It is a process and it is properly dealt and there are consequences.”

She told the inquiry that she has referred the case of a prosecutor, implicated in organised crime activity in an intelligence report she received from Masemola and Crime Intelligence head Dumisani Khumalo, to the Independent Directorate Against Corruption (IDAC).

“This is a first step in what could lead to other processes.”

Batohi refused to give the name of the implicated prosecutor and the committee decided to hold a closed session where she will be asked to reveal the name.

Responding to chief evidence leader, Advocate Norman Arendse, on whether errant prosecutors should be named and shamed, Batohi said errant prosecutors should not be tolerated.

“When there are allegations we make sure there is proper processes and there is consequences. There is absolutely no room for errant, dishonest and corrupt prosecutors in the NPA,” she said.

During her testimony, Batohi clarified the statements she made in the media about the infiltration of the NPA.

 “The reason I made these comments was that I received confidential information that there was a concerted attempt to compromise members of the NPA and also concerted attempts to undermine and attack the NDPP by individuals that seek to undermine the rule of law."

She said she would not say who provided the intelligence information “but it was not passage talk. It was a formal meeting”.

Batohi said she had briefed Justice and Constitutional Development Minister Mmamoloko Kubayi and President Cyril Ramaphosa on her concerns.

“I hasten to add that the majority of prosecutors in the NPA are hard working and committed to only serve the rule of law and people of this country and nobody else.”

Batohi was asked by DA Mp Glynnis Breytenbach about steps she had taken against senior prosecutors who aided and abetted State Capture.

She said it has been her priority to ensure that there were consequences for prosecutors that did not uphold their oath and constitutional mandate.

“A number of prosecutors are facing disciplinary action and it is a sense of immense frustration as National Director that this process takes so long .. Disciplinary processes have taken a year or two and are still not completed for various reasons.”

Batohi added that National Deputy Director of Prosecution Andrew Chauke has been suspended and an inquiry into his fitness to hold office will start on November 17.

“I did recommend to the president over two years ago that he be suspended and now the inquiry is proceeding.”

She indicated that the IDAC was investigating the matter.

mayibongwe.maqhina@inl.co.za