Legal Challenge Denied in Batohi’s Cross-Examination at Nkabinde Inquiry
The Nkabinde Inquiry has rejected former National Director of Public Prosecutions (NDPP), Shamila Batohi’s request to consult with her legal representatives during her ongoing cross-examination. The inquiry’s chairperson, Bess Nkabinde, ruled that Batohi failed to prove that her right to procedural fairness required a pause in questioning to seek legal advice.
Background of the Inquiry and Batohi’s Testimony
Established under Section 12(6) of the National Prosecuting Authority (NPA) Act, the inquiry is tasked with assessing the suitability of suspended Advocate Andrew Chauke to continue as the Director of Public Prosecutions for South Gauteng. Batohi, who initially filed the complaint against Chauke, testified extensively between November and December 2025.
The proceedings took an unexpected turn when Batohi abruptly left the cross-examination session in December 2025, citing the need for independent legal counsel before continuing. She expressed concerns about facing questions from Chauke’s legal team without adequate legal support, which she felt was essential to safeguard her rights and professional standing.
Legal Arguments and the Professional Rule
Batohi’s attorneys, Harris Nupen Molebatsi Attorneys (HNM), petitioned the inquiry for a declaratory order affirming that she could consult with them without the panel’s permission. Alternatively, they sought formal approval to allow such consultations, arguing that the inquiry’s potential impact on Batohi’s constitutional rights and reputation warranted an exception to the usual legal restrictions.
Central to the dispute was the “professional rule” that generally forbids legal counsel from conferring with a witness once testimony has commenced until cross-examination concludes. This rule aims to preserve the integrity of the judicial process by preventing evidence from being influenced or shaped during testimony.
Opposition and Panel’s Concerns
Advocate Chauke’s legal team strongly opposed Batohi’s application, describing her departure as an “abscondment” and accusing her of approaching the inquiry with “unclean hands” due to her breach of established professional protocols. The panel also expressed unease over the current NDPP, Advocate Andy Mothibi’s decision to authorize Batohi’s private legal representation at the state’s expense while she was still a witness under cross-examination. The inquiry cautioned that such a precedent could undermine the NPA’s procedural framework.
Despite Batohi’s insistence that her request was intended to protect her integrity and clarify her legal responsibilities, the panel underscored the inviolability of the professional rule, emphasizing that exceptions could not be made lightly.
Context and Aftermath
Shamila Batohi, who served as NDPP from December 2018 until her retirement on January 30, 2026, has been a prominent figure in South Africa’s legal landscape, particularly noted for her role in prosecuting high-profile corruption cases. Her involvement in the Nkabinde Inquiry has drawn significant public attention, highlighting ongoing debates about accountability and procedural fairness within the NPA.
For further updates and detailed coverage, visit IOL News.
Stay Informed on the Move
Access the latest news anytime by downloading the IOL App, available for Android and iOS.
Contact: [email protected]
