Zuko Komisa
- The Gauteng High Court has dismissed the MK Party’s attempt to block former NDPP Advocate Shamila Batohi from receiving her pension and benefits.
- The court ruled there was no legal basis for the application and ordered the party to pay all legal costs.
- The verdict reaffirms that unsubstantiated allegations of misconduct are insufficient to withhold lawful post-retirement entitlements.
The Gauteng High Court has definitively dismissed the uMkhonto weSizwe Party’s (MKP) application to interdict the payment of pension and post-retirement benefits to former National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi.
In a clear legal victory for Batohi, the court rejected the party’s request and ordered it to bear the costs of the proceedings.
The MKP had sought to halt the payment, arguing that the disbursement of public funds must be “lawful, rational and constitutionally defensible.”
Citing alleged misconduct during her tenure, the party contended that her pension and gratuities should be frozen pending further investigation.
Batohi’s legal team strongly contested these assertions, labelling the application as entirely without merit and a transparent attempt to obstruct her lawful entitlements.
Following an electronic hearing, the court swiftly rejected the application, affirming that no legal grounds existed to interfere with her post-service benefits.
Throughout her term as NDPP, Batohi faced considerable scrutiny regarding high-profile prosecutions and the management of sensitive corruption cases.
While critics, including the MKP, alleged procedural irregularities and mismanagement, the High Court found these claims insufficient to justify withholding her pension, effectively upholding the integrity of her claim.
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