BREAKING: MKP Files Urgent High Court Bid to Block Shamila Batohi’s Pension Amid Misconduct and Perjury Allegations

The uMkhonto weSizwe Party (MKP) has taken legal steps to block former National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi from receiving her pension benefits through an urgent application filed at the Pretoria North Gauteng High Court on Monday.

The MKP’s application hinges on allegations of misconduct, dereliction of duty and possible perjury related to Batohi’s tenure as NDPP. The party argued that she should not receive public funds while the serious claims against her have yet to be addressed.

The application is divided into three parts, with emphasis on the state exercising caution in authorising pension payments to Batohi.

In Part A of the application, the MKP has asked that the respondents — including President Cyril Ramaphosa, the National Prosecuting Authority (NPA), National Treasury, the Government Employees Pension Fund and the Government Pensions Administration Agency — be restrained from effecting Batohi’s pension payout until the relevant legal proceedings have been concluded.

Should the respondents decide to proceed with Batohi’s pension payout, the MKP has requested that a sufficient amount be withheld as security until its application has been finalised and no adverse findings have been made against her.

Part B of the application relates to the MKP’s right to file a review application should the state decide to effect payment to Batohi irregularly or unlawfully, and to challenge the state’s funding of her legal fees in respect of the Nkabinde Inquiry, which is still in progress.

The inquiry is a judicial investigation established by Ramaphosa to determine the fitness of Advocate Andrew Chauke to hold office as Director of Public Prosecutions (DPP) for South Gauteng.

Part C concerns the MKP’s right to issue summons to determine the amount Batohi would be required to repay should the ruling in Part B be decided in favour of the party.

In its court papers, the MKP also asked that Ramaphosa establish an inquiry in accordance with Section 12 of the NPA Act to determine whether Batohi was guilty of any misconduct. If such an inquiry were to find her guilty of wrongdoing, the MKP said she should be deprived of her pension benefits.

The respondents had until later this week to indicate whether they would oppose the application brought by the MKP and to deliver their answering affidavits by March 3.

Regarding the urgency of their application, the MKP stated that Batohi had a 60-day window period to activate her pension fund claim from the 10th and 11th respondents (the Government Employees Pension Fund and the Government Pensions Administration Agency), which was due to lapse at the end of march.

According to the party, they have reached out the respective respondents about the pension matter but received no meaningful response to dat.

The MKP expressed grave concerns about what it described as prima facie evidence that emerged at the Nkabinde Inquiry, raising questions about Batohi’s competence during her time in office.

The party said the inquiry highlighted contradictory statements provided by Batohi under oath, as well as discrepancies between her testimony and existing documentary evidence.

During last year’s hearings, Batohi faced rigorous examination from Advocate Tembeka Ngcukaitobi regarding her decision to withdraw charges against Johan Booysen, the former KwaZulu-Natal head of the Hawks, and members of the Cato Manor Unit.

This included the unexpected presentation of graphic video footage of an armed robbery shootout linked to the Cato Manor Unit, which Batohi said she had not encountered prior to the inquiry.

Initially, the inquiry was due to conclude in January, but the deadline has since been extended to June 30.

Efforts to obtain comment from President Ramaphosa’s spokesperson, Vincent Magwenya, were unsuccessful.

Mthunzi Mhaga, spokesperson for the NPA, declined to comment, citing Batohi’s departure from the institution.

The Daily News was unable to reach Batohi for comment at the time of publishing. According to media reports, Batohi is currently overseas.

This is a developing story.

DAILY NEWS