By Johnathan Paoli
National Director of Public Prosecutions (NDPP) Shamila Batohi has warned that prosecutorial independence in South Africa is constantly being challenged, telling the Nkabinde Inquiry on Thursday that attempts to influence the work of prosecutors remain a persistent and serious concern.
Batohi was testifying for a second consecutive day before the panel chaired by retired Constitutional Court Justice Bess Nkabinde.
The Inquiry examines the fitness of suspended Johannesburg Director of Public Prosecutions (DPP) Andrew Chauke to hold office.
Chauke was suspended in July after Batohi asked nearly two years earlier for disciplinary action over allegations that he interfered in politically sensitive cases.
For much of her evidence across the two days, Batohi outlined the legal framework governing the National Prosecuting Authority (NPA), the Code of Conduct for prosecutors, and the core principle of prosecutorial independence as enshrined in the NPA Act.
She repeatedly stressed that prosecutors must act without any interference or obstruction and remain free from political, public, or institutional influence.
But when evidence leader David Mohlamonyane asked whether interference occurs in practice, Batohi confirmed that it does.
“It does happen that people want to influence the NPA’s work. There will be allegations of interference and improper influence. Evidence will be led about this,” she said.
She added that even media reporting, specifically detailed analyses of ongoing cases, can sometimes amount to obstruction of justice.
While she emphasised the critical importance of a free press, she cautioned that public commentary must not undermine the rule of law.
However, when Batohi suggested that certain institutions occasionally attempt to influence the NPA’s independence, Justice Nkabinde gently urged restraint.
“Rather not go there. Sometimes less said is better. You don’t want to unintentionally tread on toes,” the chairperson advised.
Batohi replied that issues of improper influence would nonetheless feature in the case against Chauke.
Chauke faces multiple allegations, including quashing prosecutions against politically connected individuals.
The panel has been tasked with examining his fitness to hold office, particularly as a DPP with significant authority over high-profile prosecutions.
Two matters are expected to dominate the Inquiry: the racketeering charges instituted under the Prevention of Organised Crime Act (POCA) against KwaZulu-Natal Hawks head Major-General Johan Booysen and the Cato Manor Organised Crime Unit, and the decision not to pursue charges against former crime intelligence boss Lieutenant-General Richard Mdluli for his alleged role in the murder of Tefo Abel Ramogibe.
It is alleged that Chauke recommended that then acting NDPP Nomgcobo Jiba seek racketeering authorisation under POCA despite an absence of evidence supporting such charges.
In the Mdluli matter, Chauke is accused of failing to continue with prosecution despite what Batohi described as strong evidence.
Chauke strongly denies these allegations, with his legal team arguing that it is dangerous to accuse a prosecutor of misconduct for decisions made in the ordinary course of their work.
Batohi said that when she assumed office in 2019, after years of state capture allegations rocking the NPA, she found an institution whose credibility had been severely compromised.
She said the credibility of the NPA was dented because of the allegations, noting that concerns about past decisions, including those central to the inquiry, required careful scrutiny.
Although many of the events under investigation occurred before she joined the NPA, Batohi said her testimony is based on documentary evidence and records available to her.
On Thursday afternoon, she began addressing the allegations against Chauke directly, including the Booysen, Cato Manor, and Mdluli matters, reiterating concerns about the evidentiary basis for key decisions.
Mohlamonyane guided Batohi through each component of the record to ensure a comprehensive account is placed before the panel.
Batohi is expected to continue her testimony on Friday.
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