The NDPP was accused of undermining the ad hoc committee.
Outgoing National Director of Public Prosecutions (NDPP) Shamila Batohi faced strong criticism from members of parliament’s ad hoc committee after she declined to reveal the identity of a prosecutor allegedly involved in criminal activity.
Batohi appeared before the committee on Tuesday to respond to KwaZulu-Natal (KZN) Police Commissioner Nhlanhla Mkhwanazi’s claims about rogue elements within the criminal justice system.
Her appearance followed controversy earlier this year when she stated that the National Prosecuting Authority (NPA) had been “infiltrated” by criminal elements.
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Batohi later retracted the remarks after being called in by Justice Minister Mmamoloko Kubayi.
A month later, Mkhwanazi also alleged that a criminal network had penetrated the law enforcement, intelligence agencies, and the judiciary.
Batohi’s tenure, which is set to end upon her retirement in January 2026, has been marked by criticism following several high-profile NPA setbacks — including the acquittal of Nigerian pastor Timothy Omotoso in his rape case.
Batohi reflects on tenure as NDPP
After taking the oath before parliament, Batohi reflected on her time leading the NPA.
She recalled assuming the position in February 2019, at a time when the institution had been “hollowed out” during the state capture era.
She outlined the many obstacles she faced — including a lack of capacity and capabilities, staff shortage, budget constraints, skills deficit and demotivated staff, among other things.
According to Batohi, the NPA’s rebuilding process only gained traction in 2021 amid the Covid-19 pandemic.
She described the past five years as “a rollercoaster”. “It’s been ups and downs,” she said.
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While noting progress, Batohi acknowledged that it had not been sufficient as there had been “disappointments”.
“I had certainly hoped that at this time in my career, we would have gone further than where we are now, particularly investigating and prosecuting state capture matters and some other forms of high-profile corruption,” she said.
“Many cases are in court, but getting through a court system to finality is something else,” Batohi added.
Call for NPA’s institutional reform
Batohi stressed that South Africa was at a “critical inflexion point” in defending the rule of law and accountability, saying Mkhwanazi’s revelations exposed existing weaknesses.
She emphasised that institutions globally dedicated to upholding justice were facing growing threats.
“This moment that we are at right now should not be squandered. We really use this as a catalyst for comprehensive institutional reform.”
READ MORE: ActionSA demands Batohi’s removal over NPA’s ‘growing failures’
Batohi bemoaned that the Zondo Commission did not include the NPA in its institutional review, despite its exposure of systemic corruption.
She praised the commission for its “incredibly good work” in revealing the depth of corruption, but said it submitted findings to a criminal justice system that was weakened.
She encouraged both the commission and parliament to use their processes to address systemic failures.
“One is to deal with crime, but also to address the serious vulnerabilities to potential corruption and compromise of whether it’s police officers, prosecutors or members of the judiciary.”
Batohi addresses ‘infiltration’ remarks
Batohi clarified her earlier “infiltration” statements, explaining that they stemmed from credible intelligence suggesting attempts to compromise prosecutors and target her personally.
“I’m not able to say who gave me this intelligence, but it was not passage talk; it was a formal meeting that I had with a member from a particular agency.”
She added that she had briefed both Minister Kubayi and President Cyril Ramaphosa about her concerns.
“That is the reality,” Batohi said.
She said she reminded prosecutors that their ultimate duty was to uphold the constitution and the rule of law.
Batohi confirmed receiving information from National Police Commissioner Fannie Masemola and Crime Intelligence head Dumisani Khumalo linking an NPA member to organised crime.
READ MORE: Batohi clarifies NPA infiltration claims to justice minister amid criticism
However, she refused to name the person, who has since been suspended, stating that the Investigating Directorate Against Corruption (Idac) is handling the investigation.
“It is unacceptable and untenable that any member of the prosecuting authority is involved with organised criminality.”
When pressed by MPs — some of whom speculated that the individual might be suspended Gauteng DPP Andrew Chauke — Batohi stood firm, saying it would be irresponsible to reveal a name without credible evidence.
“It’s not fair to the process, it’s not fair on the person concerned. This might turn [out] not to be true.
“We may not be able to verify this information, and then it destroys people’s reputations and lives.
“I think it would be hugely irresponsible for me at this stage, with this little information that I have, to mention names.”
Heated exchange with MPs
EFF leader Julius Malema lashed out at Batohi’s refusal, claiming parliament’s efforts would be “toothless” without full disclosure.
Batohi maintained her position, clarifying that her information was based on intelligence, not confirmed evidence.
“I do not seek to be disrespectful to this committee.”
She referenced the recent kidnapping of Idac’s head of investigation, Matthew Sesoko, after he was named during the committee’s public hearings.
“I do not want to put people’s name at risk,” she said.
EFF MP Leigh-Ann Mathys argued that the committee could hold a closed meeting to obtain the names.
“We are wasting our time if we’re not getting names,” Mathys said.
ActionSA MP Dereleen James shared similar sentiments, saying the committee’s purpose was “show and tell”.
“We want those names,” James remarked.
Batohi insisted that it was standard NPA practice to name individuals only once they have been formally charged.
“I don’t want to protect criminals, of course, but we live in a constitutional democracy and we must protect the rights of people.”
She supported the idea of discussing sensitive information in a closed session.
Watch the ad hoc committee inquiry below:
MK party MP Sibonelo Nomvalo agreed with his colleagues that individuals have been implicated before the committee without being formally investigated or charged.
“You are undermining our intelligence,” Nomvalo said, adding that Batohi’s refusal could be viewed as non-cooperation.
Malema argued that Batohi’s duty to protect the country outweighed concerns for individual reputations.
“A rotten NPA is very dangerous to the Constitution of the Republic of South Africa. You cannot protect an individual over the constitution.
“Just her failure to respond to this question, she must take her bags and go. She’s not going to be useful to us,” the EFF leader said.
He also reminded the committee that Ramaphosa had already publicly confirmed Chauke’s suspension.
“He [Chauke] is not going to go to court, it’s an inquiry.”
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