The Nkabinde Inquiry has dismissed former NDPP Shamila Batohi's application to consult her legal team during cross-examination.
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The Nkabinde Inquiry dismissed former National Director of Public Prosecutions (NDPP), Shamila Batohi's application to consult her legal team while under cross-examination.
Inquiry chairperson Bess Nkabinde said that Batohi did not demonstrate that her right to procedural fairness necessitated pausing cross-examination for legal advice.
The ruling comes after Batohi previously walked out of her cross-examination in December 2025, refusing to continue without legal counsel, which she stated was necessary to face questioning from suspended Advocate Andrew Chauke's council.
The inquiry, established under Section 12(6) of the National Prosecuting Authority (NPA) Act, is investigating Chauke's fitness to hold office as the Director of Public Prosecutions for South Gauteng.
Batohi, who lodged the original complaint against Chauke, testified between November and December 2025. However, the proceedings took a dramatic turn when she "walked away" from the inquiry while still being cross-examined, stating she was not prepared to continue without "good legal advice."
During a rigorous cross-examination by Advocate Tembeka Ngcukaitobi on December 15, 2025, Batohi informed the panel that she would not return after the lunch break. She stated that she was unwilling to continue until she received independent legal counsel, rather than being represented by the NPA’s legal team.
Batohi’s legal team, Harris Nupen Molebatsi Attorneys (HNM), sought a declaratory order stating that she does not require the panel’s consent to consult with them. Alternatively, she requested formal leave to consult, arguing that the enquiry’s nature—potentially impacting her constitutional rights and professional reputation—justified an exception to standard legal protocols.
At the heart of the dispute was the "professional rule" which generally prohibits legal practitioners from interviewing a witness once they have begun testifying until cross-examination is complete. This rule is designed to protect the integrity of the truth-seeking process and ensure evidence is not "tailored".
Advocate Chauke’s legal team strongly opposed the application, characterising Batohi’s departure as an "abscondment" and arguing she approached the panel with "unclean hands" after already breaching professional rules.
Advocate Chauke’s legal team strongly opposed the application, characterising Batohi’s departure as an "abscondment" and arguing she approached the panel with "unclean hands" after already breaching professional rules.
The panel also raised concerns regarding the current NDPP, Advocate Andy Mothibi's decision to authorise Batohi’s private legal counsel at the state’s expense while she was merely a witness under cross-examination. The ruling noted that such a move might set an "untenable precedent" within the NPA.
While Batohi maintained that her request was a move to protect her integrity and understand her obligations, the panel emphasized that the professional rule is "inviolable".
Batohi, who served as NDPP since December 2018, has been at the centre of scrutiny over high-profile prosecutions and the handling of sensitive corruption cases during her term.
She officially retired from her role as NDPP on January 30, 2026.
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