Mr MC Ramaphosa
President of the Republic of South Africa
Private Bag X1000

Dear Mr President

Request for establishment of a commission of inquiry into fitness to hold office of National Director for Public Prosecution, Advocate Shamila Batohi, and her provisional suspension

1. The public outcry and the international embarrassment that South Africa has suffered due to incompetence, incapacity and inefficiency of the National Prosecuting Authority of South Africa (NPA) reflects the same on the National Director of Public Prosecutions, Advocate Shamila Batohi.

2. Advocate Batohi has dismally failed to execute her duties and responsibilities as outlined in the Constitution in terms of Section 179(5), in particular paragraphs (b), (c), and (d) (i)(ii)(iii) which states that:

5. The National Director of Public Prosecutions ¬
b. must issue policy directives which must be observed in the prosecution process;
c. may intervene in the prosecution process when policy directives are not complied with; and
d. may review a decision to prosecute or not to prosecute, after consulting the relevant Director of Public Prosecutions and after taking representations within a period specified by the National Director of Public Prosecutions, from the following:
i. The accused person.
ii. The complainant.
iii. Any other person or party whom the National Director considers to be relevant.

3. There is no evidence that Advocate Batohi has done anything to fulfil her obligations as directed by the Constitution. The two recent judgments, one at the United Arab Emirates (UAE) Court and the other at the Bloemfontein High Court provide overwhelming evidence that Advocate Batohi did not comply with her constitutional obligations and failed to make the required interventions to ensure that policy directives are complied with.

4. It is common cause that at the public hearing held at the headquarters of Dubai Court on Monday 13 February 2023, Case no 72 of 2022, a unanimous judgment by a full bench declined the ap