President Cyril Ramaphosa has denied summoning National Director of Public Prosecutions Advocate Shamila Batohi to explain to him remarks she made about some prosecutors being in cahoots with rogue external elements to sabotage prosecutions of high-profile cases. 

Ramaphosa’s denial, through his spokesperson, Vincent Magwenya, came after media outlets reported that he had called her to a high-level meeting to explain her remarks.  

“At no point did the president say he would be ‘summoning’ Advocate Batohi over her comments,” said Magwenya. 

Batohi’s term of office, which will end early next year, has faced difficulties as the NPA has struggled to prosecute high-profile suspects such as the Gupta brothers, which is a failure to secure their extradition from their United Arab Emirates hideout.

Recently, controversial Nigerian Pastor Timothy Omotoso was acquitted of charges of assaulting women. One of former Free State Premier Ace Magashule’s co-accused, Moroadi Cholota, was acquitted based on her botched extradition process from the United States of America. 

The NPA has indicated its intention to appeal Cholota’s acquittal. 

NPA’s spokesperson, Advocate Mthunzi Mhaga, did not respond to questions sent to him on Thursday. 

The NPA is still struggling to extradite Prophet Shepherd Bushiri and his wife, Mary Bushiri, from their home country, Malawi, to come back to South Africa to face fraud and money laundering charges. 

The uMkhonto weSizwe Party (MKP) has called on Ramaphosa to either fire Batohi or institute an inquiry into her performance. 

The reports about Ramaphosa calling Batohi to a meeting came after she recently remarked on national TV that there was external and internal interference in the prosecutions, although she said in her term of office, she had never experienced any interference from the executive political sphere.

“But there are other issues that I cannot speak about, but it worries me sometimes that the NPA is being infiltrated by people who do not have the rule of law at heart, and that for me, as the national director, is hugely concerning.”  

She said the interference did not make her sleep comfortably at night, as she thought the NPA was not a failing organisation. 

“I can’t speak a lot about this, but I am concerned about the attacks on the NPA, on the national director. 

“It is something that I am going to take up very, very seriously with the executive, (as) we need to understand what is going on,” she said. 

Batohi stated that sometimes it was “so difficult” to do her job. 

“Because you have all the challenges of the system, but you also have lots of agendas externally and internally. 

“The majority of the prosecutors, and I can put my head on the block and say this, are committed, dedicated prosecutors who would do anything to stand up for the rule of law, and they would ensure that they do their job without fear or favour.

“But I cannot say that all the prosecutors in the NPA would do that, and that is a serious concern,” she said.

Batohi added that having some prosecutors not aligned with the vision of fighting for the rule of law reflected on additional challenges, “in addition to all of the systematic challenges in this country”.   

It was reported that after making the remarks, she met Justice and Constitutional Development Minister Mmamoloko Kubayi to explain herself. 

Magwenya told this reporter that Ramaphosa heard Batohi’s comment and noted that she clarified those comments to the minister. 

“Now, why would the president summon her over something she has clarified?

“It makes no sense. Secondly, the president will never discuss prosecutorial matters with the NDPP nor seek to interfere with the work of the NDPP.”

He said, unlike his predecessor, Ramaphosa had never had NDPPs removed from office. 

“There’s nothing sinister in the president or NDPP seeking to meet over institutional matters; they’ll never meet to discuss prosecutorial issues.

“Parliament is an independent arm of the State (which) can engage with the NDPP in whatever manner,” said Magwenya. 

The EFF had since written to national Parliament Speaker Thoko Didiza requesting that Batohi be hauled before MPs to explain her statement.

EFF MP Carl Niehaus, who is the member of the Justice and Constitutional Development Portfolio Committee, said his party needs MPs to hear what was going in the NPA. 

“Batohi made some serious allegations, and as the head of the NPA, in a high-profile media interview. 

“She said unequivocally so, now we must take that statement of hers on face value and she must prove it by explaining herself,” said Niehaus. 

He said Batohi would have to tell the MPs whether there has been political meddling in the Phala Phala case.    

“We will raise the issue of Phala Phala, and it will continue to refuse to die because it is being covered up. 

“Covered up something as big as that, it would keep raising its head under the carpet,” said Niehaus. 

Legal expert Advocate Mbulelo Mneno said instead of crying foul, Batohi should quickly identify prosecutors who are sabotaging cases and take action against them so that she could leave the NPA on a positive note. 

He said Batohi should have acted swiftly against internal saboteurs. 

“Why is she not charging those people instead of uttering such a statement. She is trying to exonerate herself,” said Mneno. 

ActionSA leader Herman Mashaba accused Batohi of using sabotage as an excuse for her failure in reaction to a call for her removal. 

“You remember that after she took over, she used to say it was because of the resources, and now, all of a sudden, it is sabotage. 

Mashaba said Batohi should explain why she declined to investigate the Phala Phala matter. 

“We need an investigation on Phala Phala because we cannot have the president of the country involved in money laundering,” said Mashaba. 

bongani.hans@inl.co.za 

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