The Gauteng High Court has reserved judgment in a matter where the uMkhonto weSizwe Party is seeking to block former National Director of Public Prosecutions, Advocate Shamila Batohi’s, pension payout pending an inquiry into possible misconduct claims against her.
Advocate Kameel Premhid, representing the uMkhonto weSizwe Party, argued that the respondents, including President Cyril Ramaphosa and the Department of Justice, cannot ignore possible misconduct by Batohi simply because she has retired. According to the Government of South Africa’s website, public officials are held to a high standard of accountability, and this extends beyond their term of office.
Pension Payout on Hold
The uMkhonto weSizwe Party is seeking an interim order to hold back at least the portion of Batohi’s pension benefit contributed by the State, pending the conclusion of the inquiry. Should the respondents decide to proceed with the pension payout, the party has requested that a sufficient amount be withheld as security until its application has been finalised and no adverse findings have been made against Batohi.
The inquiry in question is the Nkabinde Inquiry, a judicial investigation established by President Ramaphosa to determine the fitness of Advocate Andrew Chauke to hold office as Director of Public Prosecutions for South Gauteng. The National Prosecuting Authority is responsible for ensuring that public prosecutors are held to the highest standards of integrity and accountability.
Protecting the Fiscus
Premhid argued that the State’s contribution to Batohi’s pension is a concern, as there is a need to protect the fiscus. He referred to Batohi’s conduct during the Nkabinde Inquiry and the fact that she received State funding for her legal costs. The party is seeking to ensure that the State does not unnecessarily incur further costs should misconduct be proven against Batohi.
The matter is considered urgent, as Batohi has a 60-day window period to activate her pension fund claim from the Government Employees Pension Fund, which is due to lapse at the end of this month. Premhid emphasized that the applicant is not seeking to deny Batohi her entire pension, but rather to preserve the portion that may become relevant if misconduct is proven against her.
- The uMkhonto weSizwe Party is seeking an interim order to block Batohi’s pension payout pending the inquiry.
- The party has requested that a sufficient amount be withheld as security until its application has been finalised.
- The Nkabinde Inquiry is ongoing, and the party is seeking to ensure that the State does not unnecessarily incur further costs.
