MK Party argues public interest outweighs Batohi's immediate pension needs

The Umkhonto Wesizwe party says former national director of public prosecutions Shamila Batohi will suffer no irreparable prejudice if her pension payout is temporarily withheld.

The party has filed an urgent application in the Gauteng High Court, seeking to interdict Batohi from receiving her pension benefits.

It argues that there is a legal basis for withholding the payout, citing her alleged misconduct during proceedings at the Nkabinde inquiry.

Among other legal submissions, the MK party contends that Batohi’s decision to walk out of the commission while still under oath calls into question her ethical conduct.

Shamila Batohi recently stepped down from the NPA after reaching retirement age, but the MK party is seeking to prevent her from receiving her pension payout.

The party has written to the President asking him to establish an inquiry to determine whether Batohi is entitled to her pension and related gratuity benefits.

In its court papers, the official opposition party proposes that her pension payout be placed on hold pending the outcome of such an inquiry.

However, legal expert Mpumelelo Zikalala says the party should not jump the gun.

"Currently, as we speak, there is no record that says she has done something wrong. So they’ve asked the president to establish an inquiry into what happened. The president will apply his mind. Only if you don’t agree with president, then you can take it to court."

The matter is expected to be heard in court next month unless the court decides otherwise.

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