NDPP Batohi Affirms NPA Independence: President Appoints DPPs But Cannot Meddle in Prosecutions During Nkabinde Inquiry Testimony

Cape Town – National Director of Public Prosecutions Advocate Shamila Batohi has made it clear that while the President appoints Directors of Public Prosecutions, neither he nor the Executive can step in to influence decisions on who gets prosecuted. She shared this during her testimony at the Nkabinde Inquiry, which is looking into whether Gauteng DPP Advocate Andrew Chauke is fit to stay in his role. Batohi stressed that the Constitution and laws protect the National Prosecuting Authority from outside pressure, keeping the focus on fair justice for all. Her words come as the inquiry digs into Chauke’s handling of big cases, showing how important it is to keep politics out of court matters.

Batohi’s evidence helps explain how the system works to stay independent, even when tough choices come up. This is key in a country where trust in the justice system can sometimes waver due to past issues.

Batohi Highlights Strict Rules on DPP Jurisdiction and Independence

In her talk with the inquiry, Batohi explained that DPPs have power only in the areas they are appointed to, as set out in section 24 of the NPA Act. “A DPP may exercise powers in respect of the area for which he or she has been appointed,” she said, making it plain that no DPP can take charge of cases from another province. This keeps things organised and stops overlap that could cause mix-ups.

She added that there is no rule in the NPA Act, policies, or guidelines that lets the National Director tell one DPP to check another’s work. Batohi pointed out that all prosecutors must follow the same prosecution policy, directives, and Code of Conduct. These rules, based on sections 22 and 22(6) of the NPA Act, guide decisions by looking at things like strong evidence, trustworthy witnesses, and what the accused says. “Every prosecutor in the country is obliged and must observe these important instruments,” Batohi noted.

Batohi also talked about when a DPP might not handle a case in their area, like with the Investigating Directorate Against Corruption, set up in August 2024. This group has power across the country but must talk to the local DPP first. She made clear this does not apply to the cases in the inquiry.

On bringing cases together from different provinces, Batohi described section 30 of the NPA Act. This lets DPPs ask the NDPP to combine offences in one place for ease, but only with approval. This is the only way a DPP can deal with matters from outside their spot.

She clarified that while DPPs stick to their areas, individual prosecutors can move around if needed, like when there is a conflict. But they still work under the local DPP’s say-so.

Background on the Nkabinde Inquiry and Chauke’s Cases

The Nkabinde Inquiry, led by retired Justice Bess Nkabinde, started after Batohi lodged a complaint about Chauke’s fitness for his job. It focuses on two standout cases that raised red flags. First, the racketeering charges against Major-General Johan Booysen and members of the Cato Manor Organised Crime Unit, where decisions sparked debate on how evidence was handled. Second, the choice to drop murder charges against former police crime intelligence head Lieutenant-General Richard Mdluli, which many saw as a missed chance for justice.

Batohi told the inquiry that referring Chauke was not easy, but it was needed to check if rules were followed. Retired Justice Nkabinde asked if endless reviews of decisions could cause chaos, but Batohi explained that prosecutors always check choices to make sure they are right. “Prosecutors constantly review decisions,” she said, noting this keeps the system fair without endless back-and-forth.
The inquiry is not about punishment, Batohi stressed, but about making sure leaders in the NPA act with integrity. Chauke’s lawyer has argued the probe is unfair, but Batohi denied any aim to harm him.

Why NPA Independence Matters for South Africa

Batohi’s words underline how the Constitution keeps the NPA free from meddling, with the Executive’s role mostly on budgets and reports. This setup stops politics from swaying court cases, letting prosecutors focus on facts and fairness.

In a place like South Africa, where past state capture hurt trust, this freedom is vital. It means decisions on big cases, like those from the Zondo Commission, stay clean and focused on justice. Batohi’s stand shows the NPA’s push to rebuild its name after tough years, with steps like the IDAC to tackle complex corruption.

For everyday people, this means a system where no one is above the law, and cases get handled based on proof, not power. As the inquiry goes on, it could set new standards for how leaders in justice are checked, making sure they serve the public first.

Batohi wrapped up by saying the NPA’s rules bind everyone to do right. Her testimony gives a clear look at how the system works to stay strong and fair, even under pressure. As South Africa watches, this could help strengthen faith in the courts for years to come.

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