National director of public prosecutions Shamila Batohi. Photo: X
National director of public prosecutions Shamila Batohi declined to return to the witness chair after a brief lunch adjournment at the Nkabinde inquiry on Monday, citing unfair treatment and the need to seek legal advice.
Batohi received tough questions from advocate Tembeka Ngcukaitobi, the legal counsel for Andrew Chauke, whose fitness to hold office as South Gauteng director of public prosecutions is the primary subject of the inquiry.
Panel members asked officials to fetch the head of the National Prosecuting Authority (NPA) and asked why she had taken the decision to not return to the witness stand without seeking permission while she was still under cross-examination.
“I decided, chairperson, that I was not going to come back pending getting proper legal counsel,” said Batohi.
“And you made that decision without us giving direction or permission to leave while you are still being cross-examined,” asked the panel’s chairperson, former Constitutional Court judge Bess Nkabinde.
“That’s correct, chairperson,” Batohi replied.
Asked why she had acted unilaterally, Batohi said the decision concerned her integrity, “because I think it’s an important decision and it’s one I need to take myself”.
Nkabinde responded that the issue was not her personal decision, but the manner in which Batohi had left the proceedings.
“You are before us and you decided you are leaving without approaching us with a request or an application through your team to give you that permission,” Nkabinde said.
“Chairperson I wasn’t seeking permission, it’s something that I decided I need to do because it’s about me and my integrity,” Batohi responded.
“So you can do whatever you want without approaching us?” Nkabinde asked.
“Chairperson, I didn’t want to come here because I did not want to be subjected to this type of questioning. I would appreciate it if I can be excused now,” said Batohi.
“I’m asking you questions first before we excuse you. That is why we called you back to the hearing chamber. Because this inquiry is instituted at your instance and we have been appointed to preside over this inquiry. And you decided, totally disregarding this panel, to walk away and not to come back here,” Nkabinde said.
Batohi insisted she had remained in the building and returned when instructed. When asked whether she intended to leave again, she responded: “I would appreciate it if I can be excused.”
Nkabinde told her this was a request she should have made before leaving the proceedings, to which Batohi replied: “Understood.”
Panel member Elizabeth Baloyi-Mere reminded Batohi of her professional responsibilities.
“Advocate Batohi, as a lawyer and a senior advocate who heads a very important institution, the NPA, you know the rules,” she said.
Batohi responded that although attendance at the inquiry was voluntary, the circumstances compelled her to seek legal advice.
“I understand that this will generally be the case. It is correct that this is not a court. Appearance here is voluntary. But because of what I’ve been subjected to I felt I needed to get legal advice and that is something that is my decision,” she said.
Batohi said she was not prepared to continue testifying at this stage, but stressed that she was not withdrawing from the inquiry.
Baloyi-Mere rejected the suggestion that Batohi’s participation was optional.
“Advocate Batohi, you cannot say it’s voluntary because the whole trigger for this inquiry is your referral to the president. We are here because you took time to write a letter to the president and referred to the conduct of advocate Chauke and the president then constituted this inquiry,” she said, adding that walking away from the proceedings risked undermining the authority of the panel.
“So if you feel, ‘I don’t want to be here, I’m walking out’, doesn’t that border on disrespecting this panel?” she asked.
“I didn’t intend on being disrespectful and I’m not walking out. All I’m saying is that I’m not prepared to continue testimony at this point pending legal advice,” Batohi replied.
Ngcukaitobi then asked Batohi whether she was willing to answer further questions.
“Not at this stage,” she said.
“You will not answer questions from me, you will notice answer questions from the panel,” Ngcukaitobi responded.
He warned that previous instances of witnesses walking out of formal inquiries had carried serious legal consequences. Ncqukaitobi also said his team does not believe Batohi has a right to return to the inquiry.
The Nkabinde inquiry will resume in January 2026.