A legal bombshell exploded at the Nkabinde Inquiry yesterday as Advocate Tembeka Ngcukaitobi, representing suspended South Gauteng Director of Public Prosecutions Andrew Chauke, subjected National Director of Public Prosecutions Shamila Batohi to a rigorous cross-examination. The central claim: Batohi allegedly provided false testimony under oath, particularly concerning the advice of expert reviewer Dr. David Broughton and the very setup of the inquiry itself. This video breaks down the key moments from this dramatic showdown.
This inquiry, initiated by President Cyril Ramaphosa and led by Judge Bess Nkabinde, aims to determine Andrew Chauke's fitness for his role, given concerns about his handling of high-profile cases. These include the racketeering charges against former KwaZulu-Natal Hawks head Johan Booysen and the stalled murder case linked to former crime intelligence boss Richard Mdluli. Shamila Batohi played a critical role in recommending this probe, but now her own actions are under the microscope.
Advocate Ngcukaitobi meticulously challenged Batohi's statements, focusing on a review conducted by Dr. David Broughton. Ngcukaitobi presented evidence that Broughton did address the Richard Mdluli matter, specifically the 1999 killing of Oupa Ramogibe, and even suggested referring Chauke to an inquiry for his oversight. This directly contradicted Batohi's testimony.
Batohi defended her interpretation, but Ngcukaitobi pressed her on the discrepancy. Judge Nkabinde intervened, noting the disagreement stemmed from interpretation, promising resolution through later arguments. The video highlights how Batohi failed to draw attention to key paragraphs in Broughton's reports until forced, fueling Ngcukaitobi's claim of deception.
The video further explores the terms of reference for the inquiry, which Batohi helped draft. Ngcukaitobi accused her of distancing herself from the final version, but documents showed a draft from Batohi's team was nearly identical to what President Ramaphosa gazetted. Batohi conceded her office sent the draft, but claimed she was referring to an earlier version.
A key point of contention: why the terms didn't explicitly state Chauke exceeded his authority in the Johan Booysen matter. The racketeering charges against Booysen and the Cato Manor unit were invalidated. Batohi acknowledged the absence of precise phrasing, but argued it was implied. Ngcukaitobi seized on this, suggesting the inquiry was correcting Batohi's team's oversights.
The video provides background on the Johan Booysen case, involving allegations of racketeering and the deaths of 28 individuals. Chauke authorized the prosecution, but reviews found insufficient evidence. Batohi's position: Chauke acted without proper grounds. Ngcukaitobi countered with evidence, including 23 missing murder dockets not provided to KwaZulu-Natal Director of Public Prosecutions Siphiwe Mlotshwa.
The Richard Mdluli matter is also dissected, focusing on why Chauke didn't advance the murder prosecution related to Oupa Ramogibe's death. Broughton's review highlighted this as a potential failing, directly opposing Batohi's initial testimony.
The video also covers Batohi's early decisions in 2019, including a meeting where she discussed disciplinary actions against prosecutors involved in the Johan Booysen case, like Advocate Sello Maema and Advocate Khulekani Mathenjwa. She even invited Booysen's legal team—attorney Carl van der Merwe and senior counsel Anton Katz—without consulting her own staff.
Ngcukaitobi used these minutes to argue Batohi formed opinions prematurely, before investigating. Batohi referenced state capture allegations from the Zondo Commission, but Ngcukaitobi pointed out key testimonies occurred after this meeting.
The video also touches on missing annexures in Batohi's submissions and her reliance on reports rather than personally reviewing dockets.
What do you think? Has the cross-examination revealed genuine flaws in the NPA's leadership, or is it a necessary process for transparency? Share your thoughts in the comments!
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