Members of parliament’s ad hoc committee have demanded national director of public prosecutions advocate Shamila Batohi reveal the name of a prosecutor allegedly involved in criminal activities.
Batohi is appearing before the committee, which is investigating allegations of corruption in the criminal justice system made by KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi.
In her testimony on Tuesday, she said she received confidential information from national police commissioner Gen Fannie Masemola and crime intelligence head Lt-Gen Dumisani Khumalo indicating there are attempts to compromise the NPA by an individual in the institution.
She said she couldn’t disclose the person’s identity, as this is an ongoing investigation, but added that the person is suspended.
“It’s unacceptable and untenable that any member of the prosecuting authority is involved with organised criminality,” Batohi said. “There must be a fair process, and if you’re found to be compromised, you’ll be kicked out of the NPA.”
Members of the committee pressed Batohi to reveal the name to assist with its investigations. Some MPs even suggested she might be referring to Gauteng director of public prosecutions advocate Andrew Chauke, who was suspended by President Cyril Ramaphosa in July.
We deal with names here. We want to know who captured the criminal justice system, and if we can’t be told names, accept that we must just go home, especially names that are out there
— Julius Malema, EFF leader
MK Party MP David Skosana urged Batohi to reveal the name if she was referring to Chauke.
“If it’s the same person mentioned in the media, why not reveal it here?” Skosana said. “South Africans and MPs know who you’re talking about; why not reveal it? We want the truth. Names have been mentioned here and no-one has ever complained about it.”
EFF leader Julius Malema called for the adjournment of the hearing if Batohi did not disclose the name.
“I thought she was suggesting we must go home if she’s going to proceed like that,” he said. “We deal with names here. We want to know who captured the criminal justice system, and if we can’t be told names, accept that we must just go home, especially names that are out there.
“If she’s not going to answer, she must pack her bags and go. She’s undermining us. The refusal to say the name is simply saying, ‘I don’t want to co-operate with you’.”
If it is Chauke, it must be made clear, said Malema.
“We cannot allow a situation where there’s an allegation of a prosecutor who is captured or infiltrated and we are told we can’t be given a name. If he’s wrongly mentioned, there are resources in South Africa where that name will be cleared. We want to know. What if Chauke is wrongfully accused or rightfully accused? We need to come to a determination that there’s nothing in the NPA that suggests there’s infiltration by a drug cartel, or if there is, and if we say there is, these are the issues and individuals responsible for that sort of activity.”
Other MPs — including ActionSA MP Dareleen James, ANC MP Xola Nqola, MK Party MP Sibonelo Nomvalo and IFP MP Mangaqa Mncwango — also called for the name to be revealed. They said previous witnesses, such as Mkhwanazi, had mentioned names of high-ranking SAPS officials allegedly involved in criminal activities.
I urge members to understand I want to help this house, but I don’t want to put people’s names at risk for various reasons. It puts people at risk when all I’ve received is intelligence about the fact that someone is involved in organised criminal networks
— Shamila Batohi, national director of public prosecutions
“If the NDPP continues to refuse to reveal a name, it means she’s not co-operating with an investigation because here we are not doing oversight,” Nomvalo said.
“Names of people who haven’t been charged have been mentioned. It means you don’t have confidence in this committee, and you’re undermining our intelligence. What impact will it have if you tell us the person’s name? We are forced to understand you’re refusing to co-operate with this committee if you refuse to give us names. The name must be revealed to help our investigation.”
Batohi maintained she cannot reveal the name nor confirm if it is Chauke, arguing this could put the person’s life in danger.
“I want to emphasise that I do not seek to be disrespectful to this committee,” she said. “I haven’t even said the name or if it is or isn’t the name which was mentioned, and I will not. I don’t want to make it difficult for this house to be able to do its work. But given that I was given at the level of intelligence ... I haven’t even said it’s evidence.
“I urge, it’d be irresponsible of me to mention a name in this house on the basis of intelligence that I’ve received that may or may not be true. I urge members to understand I want to help this house, but I don’t want to put people’s names at risk for various reasons. It puts people at risk when all I’ve received is intelligence about the fact that someone is involved in organised criminal networks.”
Meanwhile, other members of the committee, including PA MP Ashley Sauls and DA MP Glynnis Breytenbach, suggested it would be better for the name to be revealed off camera to allow proceedings to continue. Batohi said she would seek legal opinion on the matter.
Proceedings continue.
TimesLIVE
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