National Director of Public Prosecutions, Shamila Batohi, told the Nkabinde Inquiry on Thursday that prosecuting in South Africa during these times is a challenging job and it does happen on occasions that people try to influence the work done by the prosecuting authority.

Batohi gave evidence in the hearing of suspended director of public prosecutions (DPP), Johannesburg, Advocate Andrew Chauke. A panel, chaired by retired Constitutional Judge Bess Nkabinde, is looking into his fitness to hold office. Batohi was instrumental in President Cyril Ramaphosa calling the Inquiry.

For the past two days, she mostly testified in general regarding the legislative framework for prosecutors, the code of conduct, and prosecutorial independence, as set out in the NPA Act. She stressed that prosecutors must conduct their duties without any interference or obstruction, free from political, public, or any other interference.

Asked by evidence leader Advocate David Mohlamonyane whether it ever happens in practice that prosecutors are hindered in doing their work independently, Batohi confirmed that it happens that people want to influence the NPA’s work.

She added that even some media reports—which on occasion provide detailed analysis of cases—could amount to the obstruction of justice. Batohi did, however, hail the importance of the media, but she said we must all be responsible in strengthening the rule of law and not weakening it.

When she commented that certain institutions on occasion try to influence the independence of the NPA, Judge Nkabinde advised her to “rather not go there”. “Sometimes less said is better. You don’t want to unintentionally tread on toes,” the judge advised.

Batohi responded that the issues of improper influence will, however, feature in the case against Chauke.

“There will be allegations of interference and improper influence. Evidence will be led about this,” Batohi said.

Chauke was suspended in July after Batohi, nearly two years ago, asked for disciplinary action to be taken against him. He is faced with allegations of quashing prosecutions against politically connected people.

The panel is expected to inquire into, report on, and make findings and or recommendations on a number of allegations against Chauke and his fitness to hold office as a prosecutor, in particular, in the capacity as a DPP.

Matters which are expected to come under the spotlight include the institution of the racketeering charges in terms of the Prevention of Organised Crime Act (Poca) against KwaZulu-Natal Hawks head Major-General Johan Booysen and members of the Cato Manor Organised Crime Unit.

It is claimed that Chauke also recommended to then acting National Director of Public Prosecutions Advocate Nomgcobo Jiba the application for a racketeering authorisation under Poca, whereas there was no evidence justifying the institution of racketeering charges against the accused.

In addition, Chauke allegedly failed to continue with charges against former police crime intelligence boss Lieutenant-General Richard Mdluli for his involvement in the murder of Tefo Abel Ramogibe. Chauke denied these allegations, and his defence team remarked that it is “dangerous” to level these allegations against a prosecutor who was simply doing his job.

Batohi, meanwhile, late on Thursday turned to the events leading her to recommend Chauke’s suspension to the president. She said when she took office in 2019 and even before, there were numerous allegations of State Capture in the NPA.

“When I took office, I discovered that the credibility of the NPA was dented because of these allegations.

In referring to the Booysen and Mdluli matters, which are the main features of the Inquiry, Batohi said as she was out of the country at the time, she does not have first-hand knowledge of these cases, but she will base her testimony on evidence and other documents she had access to.

Batohi is expected to elaborate further on Friday.

zelda.venter@inl.co.za

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