ANC heavyweight Zizi Kodwa’s friend, Jehan Mackay, has launched a blistering attack on retired National Prosecuting Authority head Shamila Batohi for reinstating corruption charges against them, accusing her of throwing her successor, Andy Mothibi, under the bus.
“Given the objective timing and apparent lack of evidence, it appears that the NDPP did not apply her mind to the matter and, without providing any explanation, made a parting decision akin to a ‘hospital pass’ that would bind and implicate Adv Mothibi, but not her,” he said.
Mackay said this in court papers filed in the Johannesburg High Court, where he is seeking an order declaring Batohi’s decision to recharge him and Kodwa with corruption unconstitutional and invalid.
Batohi recharged Mackay and Kodwa with corruption shortly before her departure from office in December last year.
This came after South Gauteng Director of Public Prosecutions Advocate Andrew Chauke withdrew the case after lawyers for Kodwa and Mackay made representations requesting that he do so. This happened after the pair appeared in the Palm Ridge Specialised Commercial Crimes Court.
In the court papers, which Africa Daily has seen, Mackay accused Batohi of being reckless and abusing her powers, saying she reinstated the corruption charges against them on the eve of her departure from office.
He said it was strange that Batohi rushed to make the decision before leaving office when Hawks General Matroos had written to her on 1 November 2024 requesting that they be recharged, yet representations were only requested from them on 9 June 2025.
Mackay said Batohi’s haste in making the decision on the eve of her departure from office, given the history of the matter, did not make sense and appeared aimed at achieving a particular purpose.
“There would have been no difficulty if the new incumbent, Adv Mothibi, took office and applied his mind to the matter without rushing.
“In effect, by doing so in that manner and at that stage, it is apparent that Adv Batohi made a decision that would have to be implemented by Adv Mothibi,” he said.
Mackay further argued that the inference that Batohi’s decision was rushed, irrational, reckless and actuated by an ulterior motive was inescapable.
“While I am mindful that this review concerns the decision taken by the office of the NDPP, to the extent that it is found that the relevant incumbent, Adv Batohi, acted recklessly, abused her authority, acted with ulterior purpose, or the like, I am advised that a personal costs order may be appropriate,” he said.
Mackay also used Batohi’s conduct at the Nkabinde Inquiry, which is investigating Chauke’s fitness to hold office, to question her credibility.
He said Batohi’s cross-examination at the inquiry demonstrated serious deficiencies in her allegations against Chauke.
“It is fair to say that the cross-examination of Adv Batohi has been scathing. The cross-examination has demonstrated that Adv Batohi did not apply her mind to the allegations against Adv Chauke prior to recommending to the president that he be suspended and that an inquiry into Adv Chauke’s fitness to hold office be initiated.
“I raise this because, in the midst of what has been a very public and concerning turn of events for Adv Batohi, she managed to seemingly find time to purportedly ‘apply her mind’ to the criminal charges against me, which date back some 11 years.
“The timing of the decision raises more questions than answers,” he stated.
Mackay hinted that Batohi may have been using him as a stick to beat Chauke when she reinstated the charges.
“It would be a sad day if it turns out to be the case that Adv Batohi was settling a score with Adv Chauke through her decision of 29 January 2026 and that I have become collateral damage,” he said.
NPA spokesperson Kaizer Kganyago said the authority would not comment because the matter is before court.
