Batohi entitled to her full retirement benefits, says minister
· Citizen
Minister of Justice and Constitutional Development, Mmamoloko Kubayi, says the government has no reason to withhold former National Director of Public Prosecutions (NDPP) Shamila Batohi’s pension.
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Kubayi was answering a question in the National Assembly during a question-and-answer session with the peace and security cluster of ministers on Wednesday.
Last month, the MK party filed an urgent application in the Pretoria North Gauteng High Court to block Batohi from receiving her pension benefits.
In its application, the party cites Batohi’s conduct at the Nkabinde Inquiry, which is investigating Gauteng Director of Public Prosecutions Andrew Chauke’s fitness to hold office.
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It accused Batohi of misconduct, perjury and dereliction of duty.
“The inquiry’s materials reflect unexplained delays in processing certain documents, inconsistencies in the NDPP’s explanations regarding their movement or custody and contradictions between her account and the recollections of senior NPA staff regarding her responsibilities and actions. These matters raise serious doubts about whether the constitutional and statutory duties of diligence, care and proper oversight were discharged,” said the party in its affidavit.
In December last year, Batohi was accused of being disrespectful after she refused to continue with her testimony until she had consulted with her legal team.
“I decided, chairperson, that I was not going to come back, pending getting proper legal counsel,” she said at the time. “I wasn’t seeking permission. That I decided I needed to do, because it is about me and my integrity.”
Kubayi on Batohi pension
On Wednesday, Kubayi confirmed she had received the MK party’s court papers, but said she would not comment on that.
“As it is well known that Rule number 89 governing matters sub judice provides that no member may reflect upon the merits of any matter on which a judicial decision in a court of law is pending, we will therefore not go into much detail to avoid violating this important rule,” she said.
However, she pointed out that during her tenure, Batohi was never subjected to a disciplinary process, which provides that the president can provisionally suspend the NDPP or a Deputy Director of Public Prosecutions (DDPP) pending an enquiry into his or her fitness to hold office.
Batohi’s term ended in January upon reaching the mandatory retirement age of 65.
She said the Nkabinde Inquiry had not yet made its findings.
“Therefore, there are no reasons to object to, withhold and/or formally review the payment of full emoluments, benefits and gratuities to the former NDPP. She is therefore entitled to her full retirement benefits, and the approval of such benefits accords with the Constitution, the NPA Act, and the principles of the rule of law.”
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