Prosecutors must follow prosecution policy in all decisions: Batohi


National Director of Public Prosecutions (NDPP), Shamila Batohi, has emphasised that prosecutors are obligated to comply with the prosecution policy, when making decisions to prosecute or not to prosecute a particular matter.

She is testifying before the Judge Bess Nkabinde Inquiry in Pretoria.

The inquiry is probing the fitness of suspended South Gauteng Director of Public Prosecutions, Advocate Andrew Chauke, to hold office.

Batohi says in the circumstances where policy directives have been overlooked, the NDPP has the prerogative to take the matter in question on review.

“We must not forget that, that is also an important power of the national director, to intervene if policy directives are not complied with. So, if there’s any prosecution process where the national director or any national director, is of the view that policy directives have not been observed, in a process, in my view we can still go and get the necessary opinion. This will also permit national director to intervene in a prosecution process under those circumstances.”

VIDEO | Shamila Batohi is the first witness to testify in the Judge Bess Nkabinde Inquiry: