Zuma calls for Shamila Batohi and deputy to be investigated for misconduct

Former president Jacob Zuma wants the national director of public prosecutions (NDPP) Shamila Batohi and her deputy national director of public prosecutions (DNDPP) Rodney de Kock investigated for misconduct.

Zuma’s attorneys, Ntanga Nkuhlu Inc, has asked President Cyril Ramaphosa in a written letter to urgently institute an inquiry in terms of section 12 (6) of the NPA Act 32 of 1998.

Allegations

In the letter, Ntanga Nkuhlu referred Ramaphosa to correspondence in August 2021 by Zuma’s then attorneys, BM Thusini Incorporated, regarding allegations of serious misconduct at the highest levels of the National Prosecuting Authority (NPA).

“At that stage, the main cause of complaint regarding the leaking of his confidential medical information to a journalist [Karyn Maughan] by members of the prosecuting team [Billy Downer] in his criminal trial which is pending before the KwaZulu-Natal High Court held in Pietermaritzburg.”

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Developments

Ntanga Nkuhlu said since the leak of Zuma’s confidential medical information, “a lot of developments had occurred which Ramaphosa was aware of.”

“In particular, the transgressions that have been set out and have been separately and experienced by our client.”

The attorneys listed a number of transgressions by the NPA in the letter including the presentation of a false and misleading affidavit, misrepresentations of crucial facts and ignoring whistle-blower information amongst others.

“Our client reasonably believes that the NDPP not only had full knowledge of all the illegal and criminal activities, but that she was centrally involved in their planning and/or execution.

“The same applies to the DNDPP”.

Urgent inquiry

“That being so it is incumbent upon you as President to institute an urgent enquiry into the NDPP and/or NDPP fitness to hold their respective offices as they seemingly pose a danger to the Constitution and to the people of South Africa…

“Due to their repeated display of a lack of prosecutorial independence as enshrined in the Constitution, especially section 179(4) thereof, as well as the various other applicable domestic and international instruments which are binding on the NDPP, the DNDPP and/or NPA.” it said.

Further legal action

Ntanga Nkuhlu said Zuma will take further legal action if President Ramaphosa fails to act against Batohi and de Kock.

“Failure to discharge your constitutional obligations as requested above will result in our client taking the requisite legal steps to compel you to do or to declare your failure to do so to be in breach of the Constitution and/or such obligations.”

Ntanga Nkuhlu has given Ramaphosa until 31 May to respond to the letter.

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