Shamila Batohi, Advocate of the National Director of Public Prosecutions (NDPP); (Photo credit: Phil Magakoe/Gallo Images/Getty Images)
The National Director of Public Prosecutions, Shamila Batohi, has applied to the State Security Agency (SSA) to guarantee the representation of Anton du Plessis, who was denied top security clearance.
In recent weeks, Umkhonto Wisizwe has argued that the decision not to grant him permission because he holds dual South African and British citizenship risks foreign influence over prosecution decisions. (MK) has become a key point for the party and its allies.
“I have already submitted it,” Batohi said this week, describing the leak of the decision and the political maneuvering around it as part of a new onslaught on the integrity and independence of the National Prosecuting Authority (NPA).
It inevitably took the form of personal attacks on the leaders.
“This playbook is tried and tested,” Batohi said. “We need to be acutely aware of this strategy and the dangers it represents.”
Those involved in the NPA's corruption-laden seizure of state power now know that they have regained state power after a period in which their predecessors were dutifully appointed and sidelined if proven otherwise. This was to be expected, she said.
“Those who know they are or could be on the NPA's radar have every reason to attack us,” she said.
Batohi stressed that the highest level of security clearance is not a requirement for Du Plessis' post (he is Deputy Director of the National Public Prosecution for Strategy, Operations and Compliance), nor is it a requirement for her own position. .
However, the NPA believes it would be prudent to apply for Mr du Plessis' permission when he leaves his position as Legal and Criminal Justice Coordinator in the UN Security Council Counter-Terrorism Secretariat in 2021 and returns to the prosecutor's office. I decided that there was.
He was finally denied a permit in October. NPA spokesperson Mthunzi Maga said Du Plessis' dual citizenship was the sole basis for the SSA's decision, following a smooth vetting process that included a polygraph test. Mr. du Plessis was born and raised in South Africa, and since 2018, following a British Supreme Court ruling that allows people born outside the UK to British mothers before 1983 to obtain citizenship by descent. Holds British nationality.
Mr du Plessis was never formally asked to surrender his British passport as a pre-condition to being granted permission, although such a request was expected and was mentioned as potentially being complied with during the process. .
Chapter 5 of the Minimum Information Security Standards (MISS), which sets guidelines for security reviews, states that all applications for permits from dual nationals must be evaluated on the merits of the particular case. .
It also states that once the review is complete and a recommendation is made, “this should in no way be considered final testimony as far as the person's use is concerned.” In other words, the organization still has discretion to decide whether there is a good reason to appoint that person.
“Regardless of the reason, and despite negative recommendations from reviewing authorities, the head of an institution may, after careful consideration and with full responsibility, appoint a relevant person to a position with access to confidential matters. “We are of the opinion that the use of such person is essential to the interests of RSA or its affiliated institutions.”
The same section of MISS provides mitigation procedures. These include the head of the applicant entity signing a formal declaration of the applicant's eligibility, as Mr Batohi did. He said the NPA would consider accepting the SSA's decision on legal review if necessary.
Batohi's term ends in January 2026. Choosing a successor is the president's prerogative, but sources say Du Plessis is almost certain to be considered.
Attempts by the MK party, backed by the Economic Freedom Fighters (EFF), to discredit him are an attempt by President Cyril Ramaphosa and his allies to ensure that those who commit state capture will be prosecuted without fear or favour. There is a risk that the president's oath will be involved.
Their political intentions were made clear at the September 11 meeting of the Parliamentary Justice Portfolio Committee convened to discuss tensions between the NPA and the Ministry of Justice over access to the archives of the Zondo State Capture Commission. It became.
Jacob Zuma's long-time spokesperson, MK Party MP Mzwanele Manyi, reminded the audience that the results of the state capture inquiry were not legally binding.
These include that Mr Zuma followed orders from the Gupta brothers, and that former Transnet directors Brian Molefe and Siyabonga Gama (now members of the MK caucus) enabled the family to plunder national resources. etc. are included.
Mr. Manny emphasized the independence of the NPA and its decision to request prosecutorial assistance from advocates Paul Pretorius and Matthew Chaskalson, who have been working with the commission, in terms of section 38 of the NPA Act. questioned.
After Mr Manny said his sources had passed on the information to the party, he questioned first whether Section 38 legal counsel had been vetted and second whether Mr du Plessis had been given top security clearance. , and asked if that was because he was “unable to explain his ties to the CIA and the flow of funds.”
“These issues are intertwined: the credibility of these institutions, questions around political interference,” he continued.
Batohi responded that security reviews are notoriously slow and that a response to Du Plessis' application was still outstanding. She told Manny that any attempt to smear him was misguided.
He retorted that hiring someone without the necessary permits called into question her competency.
His insinuations came after Mr Zuma learned that he had misled Parliament over the Nkandla scandal, after Kebby, then deputy defense minister and now MK member, said public protector Thuli Madonsela was a CIA spy. It is reminiscent of what Mr Maphatsoe claimed in 2013.
In 2016, Madonsela denied claims by her successor Busisiwe Mkhwebane (who recently defected from the EFF to the MK party) that the Office of the Public Protector received $500,000 from the US Agency for International Development under her watch. did.
Last month, as news spread that du Plessis had been denied entry permission, foreign donors to the Institute for Security Studies, where du Plessis was executive director before joining the United Nations, filed a complaint with the National Police Agency. There were also disconcerting suggestions that private funding was being sought.
NPAs are probably less of a financial necessity than at any point in recent times.
In the February budget, Treasury increased the medium-term allocation by R1.3 billion. Batohi said this is evidence of the political will that allows prosecutors to fulfill their mandate.
She argued that there was no need to fight political interference, but that amending the law on the appointment of the National Director of Public Prosecutions, Deputy Directors of Public Prosecutions and Directors of District Public Prosecutions would ensure that the organization was free from interference and repeated suggestions of it in the future. He said that they should be prepared for the Director of Public Prosecutors Office.
Currently, the deputy prosecutor general is appointed by the president, while the deputy district prosecutor general is appointed by the Minister of Justice.
