The legal counsel for suspended Gauteng DPP Andrew Chauke has criticized NPA head Shamila Batohi for failing to exercise due diligence in a 2010 murder case. Advocate Thembeka Ngcukaitobi highlighted overlooked evidence in the acquittal of a police officer accused of killing a teenager. Batohi acknowledged unawareness of key reports but pledged further investigation.
During an inquiry into the fitness of suspended Gauteng Director of Public Prosecutions Andrew Chauke to hold office, his legal counsel, Advocate Thembeka Ngcukaitobi, leveled sharp accusations against outgoing National Prosecuting Authority head Shamila Batohi. Ngcukaitobi pointed to a 2010 murder case involving Warrant Officer Gonasagren Padayachee, a member of the South African Police Service's Cato Manor death squad. Padayachee was acquitted of shooting dead 16-year-old Kwazi Ndlovu in Empangeni, KwaZulu-Natal.
Ngcukaitobi argued that the prosecution under Batohi disregarded crucial evidence of racketeering, thereby denying justice to Ndlovu's family. He described the case as one of the predicate offenses in a broader racketeering pattern. "This was one of the predicate cases and part of racketeering," Ngcukaitobi stated.
Batohi responded by admitting she had not been aware of a key ballistic report. "This particular case I was not aware of the ballistic report. Having been made aware, I would have certainly considered it because, on the basis of what has been written here today, witnesses should have been called to the trial," she said. She explained that dockets lacking evidence for racketeering charges were returned to the DPP for review.
Ngcukaitobi pressed further, noting that Batohi's current regrets came too late. "You now say well, you are going to investigate further, take action because I can see that witnesses were not called. The problem is that, in all of that, is to regret after the event as you failed to do your job diligently at the time," he remarked. Batohi countered, "That’s not correct because I was not aware of these dockets and reports, and now that I am, I will not ignore it."
The exchange underscores ongoing scrutiny of the NPA's handling of high-profile cases involving police misconduct, raising questions about oversight and accountability within South Africa's justice system.
