Nkabinde Inquiry delayed as Batohi seeks legal representation

National Director of Public Prosecutions Advocate Shamila Batohi has told the Nkabinde Inquiry that she is unable to continue with her appearance after not being provided with legal representation.

Batohi made the submission as the parliamentary inquiry into the fitness of suspended South Gauteng Director of Public Prosecutions, Advocate Andrew Chauke, resumed on Monday, 26 January. The hearings recommenced following a break over the festive season and a pause in proceedings in December 2025.

The inquiry is investigating Chauke’s fitness to hold office. This comes after Batohi, whose term as the head of the prosecuting authority comes to an end next week, requested President Cyril Ramaphosa to look into Chauke’s fitness to hold office following several allegations by her, including claims that he made politically motivated prosecutorial decisions.

Addressing the inquiry, Batohi indicated that her continued participation without legal counsel would be inappropriate, raising concerns about fairness and due process. Her stance brought proceedings to a temporary halt as the matter was noted by the inquiry panel.

It was resolved that if Batohi cannot continue her cross-examination, another witness will be ready to testify.