By Lehlohonolo Lehana.
The Gauteng High Court has dismissed with costs the uMkhonto weSizwe (MK) party’s bid to block the payment of former National Director of Public Prosecutions (NDPP) Adv. Shamila Batohi’s pension and other post-term gratuities.
Last month the party approached the Presidency to withhold Batohi’s pension benefits, pending the finalisation of issues arising from the Nkabinde of Commission of Inquiry.
After spending more than a week testifying at the Nkabinde Inquiry into the fitness to hold office of Johannesburg prosecutions boss Andrew Chauke, Batohi unexpectedly walked out of the hearing on 15 December 2025.
Batohi later reluctantly returned in the afternoon and informed a visibly peeved chairperson, Judge Bess Nkabinde, that she would only continue giving evidence after taking legal advice.
The surprise walkout by Batohi occurred after she had faced intense cross-examination by advocate Tembeka Ngcukaitobi, representing Chauke, about her role in withdrawing charges against Johan Booysen and Cator Manor.
The inquiry was set up by President Cyril Ramaphosa after Batohi had written to him about Chauke’s role in two ongoing matters
Batohi vacated her office last month, as she reached the age of 65.
The party was arguing that public funds could not lawfully be paid out while allegations of misconduct, dereliction of duty and possible perjury remained on record.
In its ruling, the High Court made it clear that there was no legal basis to block Batohi’s post-service benefits, affirming the integrity of her claim to the pension.
The court also criticised the timing and nature of the application, noting that it appeared to be more political than based on solid legal grounds.
Batohi was appointed, as required by the Constitution in section 179(1)(a), by the President in February 2019, following the first-ever public interviews for the position in November 2018. The NDPP has a non-renewable 10-year term in office, according to section 12 of the NPA Act, which sets an age limit of 65.
During her time in office, the NPA secured convictions in several high-profile cases, but also faced criticism for lengthy delays in other matters.
Batohi consistently defended her record, pointing to institutional reforms, improved capacity and the challenges of dealing with complex corruption cases.
The MK Party however has indicated it is disappointed with the outcome and may consider further legal avenues, although the “with costs” order makes another challenge more difficult.