Action could be taken against the former National Director of Public Prosecutions, Advocate Shamila Batohi, for leaving the Nkabinde Inquiry without permission from the chairperson, Justice Bess Nkabinde.
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The former National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi’s decision to walk out of the Nkabinde Inquiry without permission from Justice Bess Nkabinde has been correlated to the actions of President Jacob Zuma, with experts and analysts calling on the inquiry to take action against Batohi.
Legal experts argued that Batohi, like Zuma, also left the ongoing inquiry without the chairman’s permission while still under an obligation to testify.
Batohi, who is believed to be in the Netherlands, did not respond to a request for comment.
She officially retired from her position as NDPP on January 30, 2026.
Zuma, walked out of the State Capture Commission during a tea adjournment, without permission from Chief Justice Raymond Zondo, following the dismissal of his recusal application against Zondo in November 2020.
Zuma was later arrested for a 15-month prison sentence for contempt of court.
This was after the Constitutional Court (ConCourt) found him guilty of contempt for defying a court order that compelled him to appear and testify before the commission on January 28, 2021.
The Nkabinde Inquiry was established in September 2025 after Batohi requested President Cyril Ramaphosa to establish the inquiry to probe Advocate Andrew Chauke, the head of the National Prosecuting Authority (NPA) in Gauteng.
During intense cross-examination by Advocate Tembeka Ngcukaitobi on December 15, 2025, Batohi informed the panel that she would not return after the lunch break, stating that she was not prepared to continue until she received independent legal counsel, rather than being represented by the NPA’s legal team.
Although Nkabinde criticised her actions as disrespectful, Batohi denied that she had walked out or was “delinquent”, maintaining she was simply seeking legal counsel.
During the cross-examination, she also admitted that she did not personally study the 23 dockets before deciding to withdraw racketeering charges against former KwaZulu-Natal Hawks head Johan Booysen and his unit, arguing that National Directors are not legally required to read entire dockets and that she relied on internal memos and reports instead.
Politician and lawyer Zwelethu “Mighty” Madasa said this is a similar action to Zuma, who left the Zondo Commission proceedings without permission, adding that there must be consequences against Batohi.
Madasa said the action should come from Nkabinde.
“But the questions should also be raised about inconsistencies when dealing with problems and issues in the government -the selective justice, the untouchables and touchables, and how this is compromising the system of the administration of justice, which evidently, has been seriously compromised from these inquiries,” he said, adding that Batohi should be held accountable.
The inquiry's spokesperson, Tiyisela Mpuzana, said Batohi remains under oath and her testimony has not been concluded, adding that the panel retains the authority to regulate and manage its own proceedings, including determining the manner and circumstances under which a witness continues to testify.
“It would be inappropriate to speculate further,” Mpuzana said.
Batohi is currently embroiled in several legal and oversight processes. While she has not been criminally charged, she faces significant legal scrutiny.
ActionSA formally requested the Justice Minister, Mmamoloko Kubayi, to suspend Batohi and has considered court action for contempt of court related to the Lily Mine tragedy. The party is also calling for a full parliamentary inquiry into the 'NPA’s dysfunction'.
The Truth and Reconciliation Commission (TRC), Commissioner Yaskim Sooka, recently urged an inquiry to investigate Batohi for “dereliction of duty” regarding the stalling of apartheid-era prosecutions.
Madasa said even though Batohi is retired, the law should not stop.
Another legal expert, who asked for anonymity due to an ongoing case against the government, said the ConCourt judgment against Zuma is clear that anyone who refuses to appear before a commission is in contempt and should serve a jail term.
The lawyer added that Nkabinde should approach the ConCourt and apply the jail term against Batohi.
“The moment she is found guilty, it means she can be impeached. Remember that impeachment can take place even after retirement.”
Meanwhile, the NPA's head of communication, Bulelwa Makeke, said it would not be appropriate for the NPA to comment on any issues coming out of the inquiry, as it is currently underway.
“Any recommendations of the inquiry for action to be taken will be considered and acted on,” she said.