National Director of Public Prosecutions Shamila Batohi has affirmed the constitutional independence of the National Prosecuting Authority, stating that neither the President nor the Executive can interfere in prosecution decisions. Batohi provided this testimony at the Nkabinde Inquiry, which is examining the fitness of Gauteng Director of Public Prosecutions Andrew Chauke for his role.
She clarified that a DPP's jurisdictional power is confined to their appointed province, as defined by the NPA Act. Batohi further explained that there is no provision allowing one DPP to review another's work, though prosecutors may operate outside their home province under specific circumstances with proper authorization. She emphasized that all prosecutors must adhere to the same national prosecution policy and code of conduct.
The inquiry into Chauke was initiated following a complaint concerning his management of high-profile cases, including those of Major-General Johan Booysen and Lieutenant-General Richard Mdluli. Batohi stated the proceeding aims to assess conduct and ensure accountability, not to impose punishment. Her testimony underscores the NPA's operational autonomy as a cornerstone of its integrity.
She clarified that a DPP's jurisdictional power is confined to their appointed province, as defined by the NPA Act. Batohi further explained that there is no provision allowing one DPP to review another's work, though prosecutors may operate outside their home province under specific circumstances with proper authorization. She emphasized that all prosecutors must adhere to the same national prosecution policy and code of conduct.
The inquiry into Chauke was initiated following a complaint concerning his management of high-profile cases, including those of Major-General Johan Booysen and Lieutenant-General Richard Mdluli. Batohi stated the proceeding aims to assess conduct and ensure accountability, not to impose punishment. Her testimony underscores the NPA's operational autonomy as a cornerstone of its integrity.
