The uMkhonto weSizwe Party (MKP) has renewed its call for President Cyril Ramaphosa to remove National Director of Public Prosecutions (NDPP) Shamila Batohi, following what the party describes as damaging testimony she gave before the Nkabinde Commission of Inquiry.
MKP Acting Parliamentary Leader Des van Royen on Wednesday lodged formal complaints with the Independent Directorate Against Corruption (IDAC) and the Independent Police Investigative Directorate (IPID), citing evidence presented under oath at the commission.
“This is not the first time we are calling for her removal,” van Royen said. “We already called for her suspension in June due to similar issues. What has emerged at the Nkabinde Commission is far more serious and, in our view, demonstrates incompetence and possible bias.”
The MK Party alleges that Batohi’s conduct at the commission exposed what it characterises as incompetence, unprofessional behaviour, and a failure to properly discharge her duties as head of the National Prosecuting Authority (NPA). The party further criticised her decision to excuse herself from the commission earlier this week, citing her intention to seek legal advice, after she was challenged on aspects of her testimony.
Batohi appeared before the commission in relation to an inquiry initially established to investigate allegations of misconduct against Gauteng Director of Public Prosecutions Advocate Andrew Chauke. However, MKP contends that the proceedings instead highlighted shortcomings in Batohi’s own decision-making and strained relations with colleagues within the NPA.
During her testimony, Batohi acknowledged that she had decided not to prosecute former Major General Johan Booysen, the former head of the Cato Manor Serious and Violent Crimes Unit. The unit was linked to the killing of several suspected criminals, including 16-year-old KwaZulu-Natal teenager Kwezi Ndlovu. Under questioning by Advocate Tembeka Ngcukaitobi, Batohi conceded that she had not reviewed the full NPA record before making the decision and had relied largely on representations from Booysen and his legal team.
Following the submission to IDAC, van Royen and a delegation that included MKP Members of Parliament Mzwanele Manyi and Mozolman Skhosana, as well as Litchfield Chabalala, proceeded to the Pretoria CBD to lodge a separate complaint with IPID. The complaint calls for an urgent investigation into alleged criminal conduct by members of the South African Police Service.
“We have formally submitted an affidavit to IPID calling for a full, independent investigation into serious criminal conduct by SAPS members, as revealed under oath before the commission,” van Royen said. “This includes the fatal shooting of a 16-year-old minor during a police operation, as well as allegations of torture and unlawful killings linked to operations of the Cato Manor Unit.”
According to evidence presented at the commission, the minor was allegedly shot inside a private residence during a police operation.
The MK Party has also drawn parallels between Batohi’s withdrawal from the commission and former president Jacob Zuma’s refusal to continue participating in the Zondo Commission, arguing that Batohi should similarly be held accountable.