By Lehlohonolo Lehana.
The Umkhonto weSizwe (MK) Party has filed an urgent application with the Gauteng High Court in Pretoria to halt the pension fund payout of former National Director of Public Prosecutions Shamila Batohi.
The three-part application is set to be heard in March, and centre’s around Batohi’s testimony at the Nkabinde Commission of Inquiry.
Her walkout at the Commission raised eyebrows, particularly as it was at her insistence that President Cyril Ramaphosa appointed the panel, headed by Judge Bess Nkabinde, to hear evidence into Gauteng NPA head advocate Andrew Chauke’s fitness to hold office.
Chauke is accused of politically interfering in the institution of racketeering charges against the former KwaZulu-Natal head of the Directorate for Priority Crimes Investigation Johan Booysen and the Cato Manor Unit in 2012.
Batohi was afforded the opportunity to obtain legal counsel so that she could testify effectively and credibly.
In court papers, The MK Party argues that public funds could not lawfully be paid out while allegations of misconduct, dereliction of duty and possible perjury remained on record.
The party said the Nkabinde inquiry had already placed before the public prima face evidence that raises concerns about Batohi’s fitness for office, including contradictory testimony under oath, unresolved discrepancies between her version and documentary evidence.
The party claimed that she failed to handle and safeguard sensitive prosecutorial matters; and said her withdrawal from the inquiry proceedings was unlawful.
The party also wants the Presidency to establish an inquiry to determine whether Batohi’s conduct disqualifies her from receiving her pension benefits or to ensure that any payment made is subject to the State’s full right of recovery, and a formal undertaking that the funds will not be dissipated.
Ramaphosa has since appointed Advocate Jan Lekgoa “Andy” Mothibi as the new NDPP, with effect from 1 February 2026.