Batohi tells MPs private prosecution not the answer regarding Phala Phala matter
Batohi was responding to questions from parliamentarians on Friday who wanted to know why the prosecuting authority has declined to pursue the Phala Phala matter.
National Director of Public Prosecution Advocate Shamila Batohi. Picture: GCIS
CAPE TOWN - The National Prosecuting Authority (NPA) head, Shamila Batohi has cautioned against an eagerness to institute private prosecutions in matters which the NPA has declined to pursue.
She was responding to questions from parliamentarians on Friday who wanted to know why the prosecuting authority has declined to pursue the Phala Phala matter in respect of thousands of US dollars stored on President Cyril Ramaphosa's Limpopo farm.
At least three people are, however, currently standing trial for the theft of the money.
Batohi said there are avenues to pursue if there's disagreement with a decision by the NPA as several political parties indicated they plan to challenge the move in various ways.
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Thursday's announcement that the NPA did not think there's a prospect of success in pursuing money laundering and corruption prosecutions in respect of the Phala Phala case has been met with disagreement by several political parties.
During the NPA's appearance before parliament’s justice committee on Friday to discuss its annual report, MK Party Chief Whip Mzwanele Manyi intimated his party will apply to launch a private prosecution.
But Batohi reminded MPs that a process must first be followed.
"There must be a formal request to the DPP [Director of Public Prosecutions] for this certificate, and secondly, the words used to “kick in a private prosecution” would seem to suggest that the decision has already been made," she said.
Batohi also cautioned MPs against its malicious use.
"This actually highlights the dangers of private prosecutions. It’s important, it’s good that we have it in our law. But we need to ensure that private prosecutions are not utilised to further certain agendas," said Batohi.
The Democratic Alliance (DA)'s Glynnis Breytenbach meanwhile said her party will urgently ask Batohi to review the Limpopo director’s decision and explain it to the justice committee.