By Akani Nkuna
The uMkhonto weSizwe (MK) Party has filed an urgent application with the Gauteng High Court in Pretoria seeking to stop payment of former national prosecutions head Shamila Batohi’s pension and other post-tenure benefits pending a court review of allegations it has raised against her.
In papers filed on Monday, the party says that public funds should not be paid out until questions linked to Batohi’s conduct — including issues arising from her evidence at the Nkabinde Inquiry into suspended South Gauteng director of public prosecutions Andrew Chauke’s fitness for office — have been tested in court.
Batohi’s five-year term as National Director of Public Prosecutions (NDPP) ended in January. She was succeeded by Advocate Andy Mothibi.
The MK Party is seeking interim relief to block any payouts while it pursues review proceedings.
It has asked the court to set aside any decision approving or facilitating such payments on grounds including unlawfulness and irrationality, according to the application.
The party has also challenged the use of state funds to pay Batohi’s legal costs at the inquiry, saying it will seek repayment of any amounts already paid, according to the papers.
Batohi’s testimony at the Nkabinde Inquiry was contentious. During cross-examination in December 2025, Chauke’s legal team, led by Advocate Tembeka Ngcukaitobi (SC), accused her of placing Chauke at the centre of State Capture claims without direct evidence.
Batohi also left the proceedings in December, citing the need for legal advice before continuing.
Batohi was also questioned about the inquiry’s Terms of Reference. She was reported as saying the final terms signed by President Cyril Ramaphosa differed from what she believed had been submitted, and that she had not familiarised herself with the gazetted terms before proceedings began.
Batohi has not publicly responded to the MK Party’s application. The National Prosecuting Authority could not immediately be reached for comment.
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