MK Party to seek legal counsel after court dismisses bid to strip Batohi’s pension

The Umkhonto we Sizwe (MK) party said that it will be taking legal counsel after losing its bid to have former NPA boss Shamila Batohi stripped of her pension payout.

The Pretoria High Court dismissed the party’s application with costs without giving reasons.

It's accused Batohi of prosecutorial oversight during her tenure as head of the National Prosecuting Authority (NPA) and of failing to govern and make decisions.

The party has labelled her entire tenure as disastrous, adding that paying her is tantamount to fruitless and wasteful expenditure.

In court papers, the party said its evidence was crystallised during Batohi’s evidence at the Nkabinde inquiry.

It argued that the issues that have been raised at the commission include the reversal of racketeering charges, whether prosecutors were properly guided and supervised on evidentiary requirements.

This it said is sufficient grounds to forfeit her pension, arguing that in terms of the PFMA, she should not be paid.

The MK Party told the court it's not necessary to determine if these allegations were false or not, but the testimony and her conduct were enough to justify its claim.

Batohi walked out of the commission during cross-examination, citing a need to get legal counsel.

Speaking on behalf of the party, Mzwanele Manyi says Batohi has brought the office of the NDPP into disrepute.

"To pay gratuity to a person who’s done absolutely nothing to show for it is actually fruitless and wasteful and we stand by that position."

Batohi has since confirmed that she consulted legal counsel and is expected to return to the commission to complete her evidence.