The uMkhonto weSizwe Party (MKP) has filed an urgent application to the court to stop former National Director of Public Prosecutions Advocate Shamila Batohi’s pension payments and post-term gratuities benefits, until an inquiry is conducted.

The matter will be heard on March 26 on an urgent basis.

Last month the party approached the Presidency to withhold Batohi’s pension benefits, pending the finalisation of issues arising from the Nkabinde Inquiry.

Batohi vacated her office last month, as she reached the age of 65.

The MKP is seeking an interdict to withhold Batohi’s pension benefits, arguing that public funds could not lawfully be paid out while allegations of misconduct, dereliction of duty and possible perjury remained on record.

“Allowing benefits to be paid under these circumstances would expose the State to irregular expenditure, undermine public confidence in the National Prosecuting Authority, and reward conduct that is fundamentally incompatible with constitutional standards of accountability and integrity,” it argued.

The party said the Nkabinde inquiry had already placed before the public prima facie evidence that raised concerns about Batohi's fitness for office, such as alleged contradictory testimony under oath and unresolved discrepancies between her version and documentary evidence.

The inquiry is investigating whether Advocate Andrew Chauke, the Director of Public Prosecutions for the South Gauteng Division, is fit to continue to hold office.

The party claimed that Batohi failed to handle and safeguard sensitive prosecutorial matters, and said her withdrawal from the inquiry proceedings was unlawful.

The Nkabinde inquiry is expected to conclude by June 30, following President Cyril Ramaphosa’s extension last month.

The original date for the completion of the inquiry and submission of a final report was January 30, 2026.

The MKP warned that if any funds have already been disbursed, it will pursue their full recovery.

In its application, the party seeks an order that will compel Ramaphosa to establish a “proper inquiry” in terms of the applicable law.

Last month, the party requested that Ramaphosa establish an inquiry to determine whether Batohi’s alleged conduct disqualifies her from receiving her pension benefits or to ensure that any payment made is subject to the State's full right of recovery, and a formal undertaking that the funds will not be dissipated.

The MKP wants the court to set aside any decision that authorised benefits without such an inquiry and declare any failure to institute the inquiry unlawful.

It also wants the court to order repayment to the State of any money improperly paid.