NATIONAL Director of Public Prosecutions (NDPP) Advocate Shamila Batohi urges prosecutors to use their power with integrity.
Giving evidence at the Nkabinde Inquiry investigating suspended Gauteng DPP Andrew Chauke on Wednesday, 19 November, she said the decisions they take, as prosecutors, touch lives, liberty and dignity of ordinary people.
"Every decision we make to prosecute, or not, can alter the cause of a person's life," said Batohi.
She said any perception of outside interference can damage the institution.
The investigation into Chauke was launched following a complaint by Batohi regarding how the senior prosecutor handled the racketeering prosecution of Major-General Johan Booysen and members of the Cato Manor Unit, as well as his decision to drop murder charges against former police crime boss General Richard Mdluli.
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She said it seems the Booysen prosecution was politically motivated, while Mdluli was protected when there was strong evidence against him.
Chauke, who has held the Gauteng DPP post since 2011, was suspended by President Cyril Ramaphosa in July 2023 pending the outcome of the inquiry.
"Across the world, there is always the risk that outside actors will try to improperly influence us. We must never succumb to this, as prosecutors, said Batohi.
"We cannot fulfil our constitutional mandate if our decisions are vulnerable to pressure, direction, influence external actors be it from politicians, the rich, powerful, private sector media or civil society. As prosecutors, we must vigorously withstand such influence at all times."
Batohi said she has known Chauke for a long time, discussed the allegations with him and explained to him that, as head of NPA, she had duty to fulfil.
"I believe a full and transparent hearing like this will be in Chauke's interest, as well as in the interest of NPA."
Batohi said prosecutors, in any country, must be people of utmost integrity because they carry discretionary powers of who to prosecute and for which crimes.
