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FILE | National Prosecuting Authority (NPA) head Shamila Batohi:
Advocate Tembeka Ngcukaitobi SC has turned the spotlight on outgoing National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi over the so-called Cato Manor “death squad” video at the Nkabinde Enquiry.
The video, filmed by former police reservist Aristides Danikas, shows a man with a gunshot wound lying on the floor, pleading for medical assistance, before allegedly being left to die by former Major General Johan Booysen and members of the Cato Manor Police Unit.
Ngcukaitobi argues the footage, which raised allegations of extrajudicial killings, was widely known and serious enough to require urgent intervention by the NDPP.
Despite this, Batohi testifies she was advised there was insufficient evidence to prosecute the unit on racketeering charges. Ngcukaitobi puts it to her that the failure to act decisively at the time amounted to a dereliction of duty.
Nkabinde Inquiry | Chauke’s legal team cross examines Batohi
He also refers to the 2010 killing of 16-year-old Kwazi Ndlovu by Warrant Officer Gonasagren Padayachee, arguing that despite appeals from Ndlovu’s parents alleging suppression of evidence, Batohi failed to intervene.
The defence argues Batohi cannot now describe the matter as grave, while having taken no exceptional steps when the video first emerged, adding that responsibility is being unfairly shifted onto subordinates, including Advocate Andrew Chauke.
Batohi has rejected claims of dereliction, maintaining the enquiry is focused on Chauke’s conduct and the lawful limits of prosecutorial authority. She continues to be cross-examined by Advocate Ngcukaitobi at the Nkabinde Enquiry.
