Former NDPP advocate Shamila Batohi refused to return to the Nkabinde Inquiry, resulting in the hearing concluding this stage of its proceedings.
Image: Henk Kruger / Independent Newspapers
Former National Director of Public Prosecutions (NDPP), Shamila Batohi, will not return to the Nkabinde Inquiry to proceed with her cross-examination, which resulted in the inquiry being concluded.
In a statement issued by her on Thursday, Batohi said she experienced at various stages during her evidence “an inclination to unfairly question her credibility and bona fides”.
Chairperson of the inquiry, retired Justice Bess Nkabinde, however, refused the statement to be handed to the inquiry to form part of its record.
Justice Nkabinde said the statement, or letter, as she referred to it, only came to the panel’s attention on Thursday morning.
She noted that the statement was, meanwhile, circulated to the media before it was even presented to the panel.
“It is just a letter. It is not done under oath and is not even signed. What is its value?” she questioned.
Evidence leader David Mohlamonyane responded that the letter is of no value, and it should be ignored, apart from the fact that Batohi made it clear she is not coming back to resume her cross-examination.
Justice Nkabinde pointed out that Batohi was simply asked through her attorney whether she would be coming back to conclude her cross-examination. It was a simple question of yes or no, which did not warrant this letter.
In refusing to allow it to be read out before the inquiry, Justice Nkabinde said, apart from it having no value, it is potentially prejudicial to those mentioned in it, including to this panel.
Both the evidence leader and the legal representatives of Advocate Andrew Chauke subsequently closed their cases. This means that the inquiry will hear no further evidence.
Nkabinde ordered both camps to issue comprehensive written arguments regarding the evidence to the inquiry by May 14.
She said if further necessary, she will call upon the parties to deliver oral arguments.
Batohi, who had initiated the inquiry into the fitness of suspended Advocate Chauke to hold office as the Director of Public Prosecutions for South Gauteng, in December, walked out of the hearing while still being cross-examined. She stated at the time that she was not prepared to continue without “good legal advice”.
Her application to consult her lawyer while under cross-examination was, however, refused on Friday by Justice Nkabinde. She said that Batohi did not demonstrate that her right to procedural fairness necessitated pausing cross-examination for legal advice.
Batohi, who is out of the country, said in her statement: “I have carefully reflected on my position in these proceedings and, with a full appreciation of the seriousness, have decided not to continue giving evidence before the inquiry. I wish to emphasise that I have taken this step of my own accord. It is a considered and informed decision, reached after significant thought and reflection, and it is not taken lightly.”
Batohi said in taking this decision, she was mindful of the importance of the inquiry and the seriousness of its mandate. But she explained that her decision must be seen against the backdrop of what had occurred during the proceedings.
She admitted that she should have sought permission to be excused to obtain legal advice. “I acknowledged this and apologised.” She added that it should be noted that during her testimony, serious allegations were put to her.
“I consider it neither appropriate nor tenable for me to continue providing evidence without the benefit of legal advice,” she said.
Panel member Matshego Ramagaga, during Thursday’s proceedings, remarked that the panel finds the contents of the letter disrespectful.
Justice Nkabinde, meanwhile, remarked that Batohi has left the inquiry in limbo for a long time as to whether she will return and only responded now via this letter.