National director of public prosecutions Shamila Batohi. (Oupa Nkosi)
National director of public prosecutions (NDPP) Shamila Batohi’s decision to walk out of the inquiry probing South Gauteng prosecutions boss Andrew Chauke’s fitness to hold office raises questions about her own suitability for the top job.
Although she leaves office in January 2026, with a shortlist for her replacement already on President Cyril Ramaphosa’s desk, Batohi must account for her actions at the inquiry on Monday, with her ill-advised departure disrupting proceedings and incurring the wrath of panel chairperson, retired judge Bess Nkabinde.
Before Batohi unceremoniously left the building, she faced a lashing from Nkabinde for speaking to KwaZulu-Natal head of public prosecutions, Elaine Harrison, a potential witness, despite being warned not to as she was still under oath. You would expect the country’s number one prosecutor, a woman of her experience, to understand this.
Batohi acted out of character, telling evidence leader David Mahlomonyane that she wanted to be excused from the proceedings so that she could get legal advice before answering further questions.
Nkabinde was right to be incensed, demanding that she come back to the chamber and explain her conduct and why she wanted to leave in the middle of cross-examination and without the permission of the panel. Batohi claimed her appearance was voluntary and maintained that she couldn’t be subjected to such questioning, insisting that she needed to leave and seek legal advice. In the process, her own fitness to hold office came under scrutiny.
It must be remembered that it was Batohi herself who reported Chauke to Ramaphosa for alleged misconduct. This is not a kangaroo court, as panel member Elizabeth Baloyi-Mere reminded her, but an inquiry established through an act of parliament. She couldn’t just walk out as she pleased as she was under oath.
It is extremely concerning that the NDPP could walk out of the inquiry without asking for postponement, telling the panel she had no idea when she would return or what would happen next. Although she noted that she was not absconding, Batohi’s actions left the inquiry no option but to postpone proceedings until January 2026 — when her term of office ends.
Chauke’s counsel, Tembeka Ngcukaitobi SC, is right that there should be consequences for Batohi’s actions. The last time we witnessed such behaviour was in 2020 when former president Jacob Zuma left the Zondo Commission into state capture in a huff, stunning then deputy chief justice Raymond Zondo. It didn’t end well for Zuma.
Now Batohi has made her bed. She must lie in it.