The uMkhonto weSizwe Party (MKP) has launched an urgent application in the Pretoria North Gauteng High Court to prevent former National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, from accessing her pension benefits.
The party’s court bid is based on allegations of misconduct, failure to fulfil her duties, and possible perjury during her time as NDPP. According to the MKP, it would be inappropriate for public funds to be paid out to Batohi while these serious allegations remain unresolved.
The application is structured in three parts. In Part A, the MKP requests that President Cyril Ramaphosa, the National Prosecuting Authority (NPA), National Treasury, the Government Employees Pension Fund (GEPF), and the Government Pensions Administration Agency (GPAA) be prevented from processing Batohi’s pension payout until legal proceedings are concluded. Alternatively, if payment proceeds, the party wants a portion of the funds withheld as security pending the outcome of the case.
Part B focuses on the MKP’s intention to pursue a review if the state authorises Batohi’s pension payment unlawfully or irregularly. The party also seeks to challenge the state’s funding of her legal costs related to the ongoing Nkabinde Inquiry.
Part C addresses the MKP’s right to issue summons to determine the amount Batohi may have to repay should the court rule in the party’s favour.
Additionally, the MKP has called on President Ramaphosa to institute an inquiry under Section 12 of the National Prosecuting Authority Act to assess whether Batohi committed misconduct. The party argues that, if found guilty, she should lose her pension benefits.
Respondents have until later this week to indicate whether they will oppose the application, with answering affidavits due by March 3.
The MKP maintains that urgency is justified because Batohi reportedly has a 60-day period to activate her pension claim through the GEPF and GPAA, which is expected to expire at the end of March. The party claims it sought clarity from the relevant institutions but received no meaningful response.
The party further cited what it describes as prima facie evidence emerging from the Nkabinde Inquiry, including alleged inconsistencies between Batohi’s sworn testimony and documentary evidence. During hearings last year, she faced intense questioning from Advocate Tembeka Ngcukaitobi over her decision to withdraw charges against former KwaZulu-Natal Hawks head Johan Booysen and members of the Cato Manor Unit. Batohi stated she had not previously seen certain video footage presented during the inquiry. Although the inquiry was initially set to conclude in January, it has since been extend
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