Zuko Komisa
- An urgent legal bid to freeze Batohi’s pension and potentially recoup legal fees.
- Claims of “prima facie” evidence of perjury and incompetence emerging from the Nkabinde Inquiry.
- Respondents must signal their opposition this week, with answering affidavits due by 3 March.
The uMkhonto weSizwe Party (MKP) has filed an urgent application in the Pretoria North Gauteng High Court to block former National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, from accessing her pension benefits.
The party contends that public funds should be withheld pending investigations into allegations of misconduct, dereliction of duty, and perjury linked to her tenure.
The application is structured into three parts to ensure the state exercises caution. Part A seeks an immediate injunction to stop the Government Employees Pension Fund from processing the payout.
If the state refuses to halt the process, the MKP requests that a significant portion be held as security until all legal findings are finalised.
The MKP’s grievance stems from what they describe as “contradictory statements” made by Batohi under oath. Specifically, they point to discrepancies between her testimony and documentary evidence regarding her decision to withdraw charges against former Hawks head Johan Booysen and the Cato Manor Unit.
The party has called on President Cyril Ramaphosa to initiate a Section 12 inquiry under the NPA Act to formally determine her guilt.
The matter is deemed urgent because Batohi’s 60-day window to claim her pension is set to lapse at the end of March.
The MKP maintains that they were forced to seek a court order after receiving no meaningful engagement from National Treasury or the pension administration agencies regarding their initial objections.
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