Africa-Press – South-Africa. The party has filed an urgent application in the Gauteng High Court, seeking to suspend Batohi’s pension and related benefits, pending the outcome of such an inquiry.
The uMkhonto weSizwe (MK) Party wants President Cyril Ramaphosa to establish an inquiry into whether former National Director of Public Prosecutions (NDPP) Shamila Batohi is fit to receive her pension payout.
The party has filed an urgent application in the Gauteng High Court, seeking to suspend Batohi’s pension and related benefits, pending the outcome of such an inquiry.
In its court papers, the official opposition party cites Batohi’s conduct at the Nkabinde Inquiry, which is probing the fitness of Johannesburg prosecutions head Andrew Chauke to hold office.
Among other legal arguments, the MK Party contends that Batohi’s conduct during the proceedings was unbecoming of a person in her position.
Ramaphosa established the Nkabinde Inquiry at the formal request of Batohi to investigate the fitness of Chauke to hold office.
Batohi was among the key witnesses at the inquiry. However, her testimony took an unexpected turn when she walked out during cross-examination while still under oath.
She later explained that she needed legal advice and did not have access to certain documents, information, and facts relating to the questions posed during cross-examination.
The MK Party argues that her abrupt withdrawal demonstrates a failure to meet the threshold of integrity, good faith, and ethical standards expected of someone occupying such a high public office.
The party has, therefore, called on the president to establish an inquiry to determine whether Batohi’s conduct, both in office and during the proceedings, disqualifies her from receiving her pension and post-tenure benefits.
“The inquiry’s terms of reference should be confined to solely determining whether the NDPP’s conduct in office, including but not limited to the events at the Nkabinde Inquiry, disentitle her from receiving her pension, and gratuities, or any post tenure benefits,” the papers read.
“Such a mechanism, preferably led by a judge with simple terms of reference and rules observing natural justice, is necessary to ensure legality, rationality, and compliance with constitutional principles of transparency, accountability, and prudent financial management.”
The arguments are expected to be heard in court in March.
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