Batohi Halts Testimony in Chauke Inquiry, Citing Need for Legal Counsel
Pretoria – National Director of Public Prosecutions (NDPP) Shamila Batohi abruptly stopped her testimony at the inquiry into South Gauteng Director of Public Prosecutions Andrew Chauke's fitness to hold office on Monday, stating she required proper legal counsel. The inquiry, led by Justice Bess Nkabinde, was held in Pretoria.
The dramatic turn of events unfolded after a tense morning session where Ms. Batohi faced rigorous questioning from Justice Nkabinde. The questioning centred around a conversation Ms. Batohi had with KwaZulu-Natal Director of Public Prosecutions Elaine Harrison, a potential witness in the inquiry. Ms. Batohi had previously been instructed not to discuss the case with anyone as she was still under oath.
Following the lunch break, evidence leader David Mohlamonyane SC informed the panel that Ms. Batohi wished to be excused to seek legal advice. Although still present in the building, she was unwilling to return to the chamber. "The situation as it stands is that she is not here because she is asking to be excused and wishes to seek legal counsel. She is asking the panel to excuse her," Mr. Mohlamonyane explained.
Justice Nkabinde requested that Ms. Batohi be called back into the chamber to explain her actions. Upon her return, Justice Nkabinde questioned why Ms. Batohi had absented herself without seeking the panel's permission. Ms. Batohi responded that she had decided not to return pending proper legal counsel, a decision she felt she needed to take herself.
"You are before us. You decide to leave without approaching us with a request or an application through your team, and you stay away," Justice Nkabinde pointed out. Ms. Batohi countered that she was not seeking permission, stating, "It is something I decided I needed to do because it concerns me and my integrity."
When asked if she believed she could act unilaterally without consulting the panel, Ms. Batohi responded, "I did not want to come here because I did not want to be subjected to this kind of questioning. I would appreciate it if I could be excused now."
Justice Nkabinde reminded Ms. Batohi that the inquiry was initiated at her request and questioned whether she now wished to "walk away." Ms. Batohi reiterated her desire to be excused. Justice Nkabinde responded that Ms. Batohi should have requested to be excused before her actions.
Panel member Elizabeth Baloyi-Mere SC emphasised that, while not a formal court, a witness under oath could not simply walk out. Ms. Batohi maintained, "My appearance here is voluntary. However, because of what I have been subjected to, I felt I needed legal advice. That was my decision. I am not prepared to continue at this stage pending legal advice. I am not withdrawing, but I am not prepared to continue."
Ms. Baloyi-Mere challenged the notion that Ms. Batohi's appearance was voluntary, stating, "The trigger was your referral to the president. We are here because of an act of parliament. This is not a kangaroo court where one can say, 'I am not going to participate'."
The exchange grew increasingly tense. When Justice Nkabinde persisted with her questioning, Ms. Batohi retorted, "I will not be shouted at. I am trying to assist." Justice Nkabinde remarked that Ms. Batohi had been disrespectful to almost everyone during the proceedings.
Justice Nkabinde then inquired about the future of the proceedings and when Ms. Batohi intended to return. Ms. Batohi responded that she had no idea, stating, "I am, for now, stopping my testimony pending legal advice."
Advocate Tembeka Ngcukaitobi SC, representing Mr. Chauke, accused Ms. Batohi of abandoning the inquiry without seeking a postponement. "I am not absconding. I am not continuing with my testimony pending legal advice. I am not prepared to be cross-examined at this stage. I am not answering further questions. This is the last question I will answer, and I ask to be excused," Ms Batohi stated.
Advocate Ngcukaitobi drew a parallel to former President Jacob Zuma's departure from the state capture commission without permission, implying potential serious consequences.
Justice Nkabinde concluded that Ms. Batohi would not answer any further questions and was acting without the panel's permission. "Given the extraordinary circumstances, proceedings are adjourned to January 26 2026," she announced.
Advocate Ngcukaitobi asserted that Mr. Chauke's team would argue that Ms. Batohi had forfeited her right to participate in the inquiry. "We will submit that a witness who refuses to answer further questions in the middle of cross-examination and abandons the inquiry without leave has waived their right to participate in the inquiry."
He described Ms. Batohi's actions as "the most extraordinary thing" and stated that there would be consequences, which his team would address in due course. He further stated that Mr. Chauke's team would not cooperate with any approach that would waive its entitlement to seek the striking of Batohi's evidence in its entirety.
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