After seven years at the helm, Shamila Batohi retires as head prosecutor, leaving behind a divided legacy with acknowledgements of some missteps, but no regrets. Prior to stepping down, outgoing National Director of Public Prosecutions (NDPP) Shamila Batohi has apologised for the way she handled herselfafter walking outof the Nkabinde Inquiry last year. Her conduct then 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. “I could perhaps have dealt with it differently, but I would like the people of this country to understand that we are all human and sometimes you perhaps don’t have the time to reflect through things and to properly decide what’s best. It was something that happened very quickly…” The decision, which she now concedes was ill-informed, is one she does not regret, Batohi told journalists on Friday, 30 January in Pretoria, during her final media briefing ahead of her retirement.
“I don’t regret the decision. I think it’s going to help move forward, but yes, with hindsight, to the extent that I may need to apologise to the people of this country for having acted in that way. Please forgive me,” Batohi said.
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Batohi painted a bleak picture of an institution constrained by structural weaknesses, saying the National Prosecuting Authority (NPA) continues to battle entrenched challenges, with a lack of operational and financial independence at the top of the list. “The NPA is the only entity in the criminal justice family, where the head of the NPA, or the head of the entity, is not the accounting officer of the entity,” said Batohi. She conceded that the national director’s position is one of a powerful person who is without any power. According to Batohi, the NDPP cannot determine their own budget, control spending, set salaries, or decide who to hire and fire, which is why the accounting officer question remains critical.
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