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

The uMkhonto weSizwe Party has filed a legal application to freeze former NDPP Shamila Batohi’s pension benefits amid serious allegations of misconduct and perjury during her tenure. 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. 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.

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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.

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