Nkabinde Inquiry: Shamila Batohi's controversial claims against advocate Chauke spark state capture debate

National Director of Public Prosecutions (NDPP) Shamila Batohi was accused of attempting to "poison the atmosphere" of the Nkabinde Inquiry and create an unfair impression of Gauteng's Director of Public Prosecutions (DPP), Advocate Andrew Chauke.

The assertion was put to Batohi while she was being cross-examined by Chauke's legal representative, advocate Tembeka Ngcukaitobi, at the inquiry on Monday.

The inquiry, led by retired Judge Bess Nkabinde, has been constituted to ascertain Chauke's fitness to hold office following a complaint lodged by Batohi.

Ngcukaitobi took Batohi to task for repeatedly mentioning "state capture" in relation to Chauke, which he said was unjustified and damaging to his client.

“You have no evidence that Advocate Chauke was involved in state capture, yet you have repeatedly mentioned state capture in the context of this inquiry,” Ngcukaitobi said.

Batohi admitted that she had no personal knowledge of any involvement by Advocate Chauke in state capture but explained that the issue of state capture had been a major concern within the National Prosecuting Authority (NPA) during the time she made certain decisions.

In response to the questioning, Batohi acknowledged that her decisions were made against the backdrop of the Zondo Commission’s inquiry into state capture.

“That was in fact the NPA and the capture of the criminal justice system, which was something that the Zondo Commission was enquiring into. And I couldn’t turn a blind eye to the fact that this was what was being enquired into.

As a responsible National Director, I needed to consider all options,” Batohi said.

Although Batohi admitted to no direct knowledge of Chauke’s involvement in state capture, she maintained that state capture was a relevant context to the actions she had taken at the time.

“I was asked what were the reasons for me doing certain things at the time, and I explained that that was the context within which I took those decisions,” she said.

She said that her remarks were not intended to accuse Chauke directly but were a reflection of the broader atmosphere of concern surrounding the capture of the criminal justice system.

“You are attempting to create the impression that Mr Chauke is involved in state capture when you know full well that you have no such evidence,” Ngcukaitobi said.

He also pushed Batohi on her motivations, saying, “Advocate Batohi, we are in an enquiry against Advocate Chauke. We’re not in a state capture enquiry. My question was simple. You’ve given me an answer.

"You have no evidence that Advocate Chauke was involved in state capture, yet you have repeatedly mentioned state capture in the context of this enquiry to Advocate Chauke.

"That is what I am saying to you is intentionally designed to poison the atmosphere of this enquiry and create the impression that Mr Chauke is involved in state capture when you know full well that you have no such evidence.”

Batohi insisted that she was merely providing context for her actions at the time, given the serious concerns about the integrity of the NPA and the criminal justice system as a whole.

“I could not turn a blind eye to what was happening around me,” she said, reiterating that her focus had been on the broader challenges faced by the NPA, not on implicating any specific individual.

“It was the atmosphere we were dealing with at the time. I took those decisions with all of that in mind.” Batohi is expected to continue on the witness stand when the inquiry continues on Tuesday.

DAILY NEWS