The uMkhonto weSizwe Party (MKP) on Friday approached the Presidency to withhold outgoing National Director of Public Prosecutions Advocate Shamila Batohi’s pension benefits, pending the finalisation of issues arising from the Nkabinde Inquiry.

Batohi is required to vacate her office this month, as she reaches the age of 65.

On Thursday, President Cyril Ramaphosa’s spokesperson Vincent Magwenya announced that Ramaphosa had extended the completion date for the Nkabinde inquiry to June 30.

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

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

The MKP argued that public funds could not lawfully be paid out while allegations of misconduct, dereliction of duty and possible perjury remained on record.

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

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

The MKP said it conveyed its demand to Ramaphosa, Batohi and relevant State institutions responsible for authorising or processing the pension, including National Treasury, the Government Employees Pension Fund and the National Prosecuting Authority (NPA).

The party warned that should the Presidency or any of the institutions fail to act, it will take legal action.

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

The party also wants the Presidency to establish an inquiry to determine whether Batohi’s 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.