NDPP Batohi willing to name officials behind 'capture' of criminal justice system in closed session
NPA Chief Advocate Shamila Batohi Offers to Disclose Names in Criminal Justice 'Capture' Investigation
Image: Armand Hough / Independent Newspapers
National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi has indicated a willingness to disclose sensitive names in a closed session of Parliament’s Ad Hoc Committee investigating alleged “capture” within South Africa’s criminal justice system.
Batohi’s statement came after intense pressure from committee members on Tuesday, demanding the identity of a prosecutor allegedly involved in organised criminality.
“I understand why the committee wants the name - this goes to the very heart of your mandate. Respectfully, I’m not protecting any individual.
“If I were, I would not have referred the matter for criminal investigation. I take this very seriously, and criminal charges are being pursued. There is absolutely no issue of protection here.”
She emphasised that withholding names is consistent with constitutional safeguards and due process.
“This is a serious constitutional issue. We do not want to be disrespectful, but the council needs full context to provide proper legal advice. I have heard the committee’s position and will consult with counsel again before considering disclosure in a closed session.”
Parliament established the Ad Hoc Committee in early October amid growing concerns about the “capture” and infiltration of South Africa’s criminal justice system.
This followed high-profile suspensions within the National Prosecuting Authority (NPA), including the suspension of South Gauteng Director of Public Prosecutions Advocate Andrew Chauke.
The committee’s primary mandate is to investigate allegations of criminal syndicates infiltrating state institutions, including prosecutors, police officers, and other officials critical to the justice system.
The inquiry also examines the controversial December 2024 decision by suspended Police Minister Senzo Mchunu to disband the Political Killings Task Team (PKTT) - a move that has been widely criticised for undermining investigations into politically motivated murders, many allegedly linked to syndicates.
Batohi addressed questions about the appointment and oversight of officials within the NPA’s Investigating Directorate Against Corruption (IDAC).
She explained that while the IDAC Act provides a framework for appointments, existing Public Service Act regulations still govern disciplinary processes for IDAC members:
“There is no gap in accountability. Complaints against IDAC members will be investigated under the Public Service Act. Even for the head of IDAC, as a presidential appointee, investigations can be conducted and recommendations made to the President if warranted.”
Her explanation came amid concerns over the absence of an independent oversight body for IDAC officials.
Evidence leader Norman Arendse SC questioned Batohi about the role of prosecutors in bail decisions, especially when accused persons face serious charges such as murder or robbery. Batohi clarified:
“The purpose of bail is to ensure the accused appears in court. Prosecutors can object if the accused is a flight risk or may interfere with investigations.
“Usually, when police investigators recommend objecting, prosecutors act accordingly. The judiciary ultimately grants bail, but there are ongoing efforts to strengthen bail legislation.”
ANC MP Xola Nqola raised concerns about a possible conflict of interest after the IDAC head, Andrea Johnson, reportedly sat on a panel interviewing Johnson's husband.
“That was wrong. But each case must be considered on its own facts and evidence before deciding on consequences.”
Regarding the recent arrest of crime intelligence head General Dumisani Khumalo, who was reportedly not informed beforehand, Batohi said there is a process that allows representations to be made to the National Director challenging such decisions.
“The appropriateness of the IDAC head’s actions will be reviewed if General Khumalo approaches the NDPP.”
Batohi was asked what actions the NPA took after allegations made by KwaZulu-Natal police Commissioner Lieutenant General Nhlanhla Mkhwanazi on July 6, accusing various politicians and police officials of aiding a criminal syndicate that has infiltrated the justice system.
“No names were provided during that briefing. Without names, we cannot investigate specific individuals. I wish those names had been disclosed, as it would have made the investigation easier.
“I will request that information from the police national Commissioner to ensure this matter receives urgent attention. While other inquiries are ongoing, this is a priority.”
thabo.makwakwa@inl.co.za
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