Batohi withdraws from Nkabinde Inquiry, citing legal representation and procedural fairness
· Citizen
Former National Director of Public Prosecutions (NDPP) Shamila Batohi has withdrawn from the Nkabinde Inquiry.
Visit rocore.sbs for more information.
Batohi formally informed the Nkabinde Inquiry on Thursday, 24 April 2026, that she will not be returning to testify, citing the need for proper legal representation during cross-examination.
The Nkabinde inquiry is looking into Gauteng director of public prosecutions Andrew Chauke’s fitness to hold office.
Walkout
Batohi’s decision to walk out comes after the panel, chaired by retired Constitutional Court Judge Bess Nkabinde, ruled that her explanatory statement carried no evidentiary value and will not form part of the official record.
In a brief ruling, Nkabinde dismissed Batohi’s statement.
In the strongly worded eight-page statement to the inquiry submitted through her legal team on Thursday and read out by her lawyer Advocate Rethabile Mokgatle, Batohi made it clear that she is stepping back from further participation in the proceedings at this stage.
Procedural fairness
Batohi also cited procedural fairness and what she described as the inquiry’s tendency to question her credibility unfairly.
“I have carefully reflected on my position in these proceedings and, with full appreciation of the seriousness, have decided not to continue giving evidence before the inquiry,” Batohi said.
“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.”
Legal team
Batohi’s decision follows the inquiry’s dismissal of her application to consult her legal team while under cross-examination.
While acknowledging the importance of the inquiry’s mandate, Batohi indicated that the circumstances of the proceedings had made her continued participation untenable.
“As a matter of constitutional principle and procedural fairness, it would have been appropriate to allow Harris Nupen Molebatsi Attorneys (HNM) to consult with me… This is regrettably not possible in light of the panel’s decision.”
The public
Batohi sought to assure the public that her withdrawal was not a dismissal of her responsibilities as the former NDPP.
“I wish to assure the people of this country, to whom I have been accountable as the NDPP, that I have at all times acted with integrity and bona fides in this process.”
Batohi’s decision not to testify further effectively closed the evidentiary phase of the inquiry into Chauke’s fitness to hold office, without completing testimony from some of its critical witnesses.
Not first walkout
In December last year, Batohi left the Nkabinde inquiry in limbo when she refused to continue with her testimony until she had consulted with her legal team.
Nkabinde then ordered Batohi to return after being told she had not sought permission to halt her testimony.
Batohi admitted she had not sought permission, but said she did not want to continue without first getting legal counsel.
“I decided, chairperson, that I was not going to come back, pending getting proper legal counsel,” she said.
“I wasn’t seeking permission. That I decided I needed to do, because it is about me and my integrity.”
Nkabinde, however, accused Batohi of being disrespectful.
Nkabinde Inquiry
The inquiry was set up by President Cyril Ramaphosa after National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi referred Chauke’s case to him, alleging that the Gauteng Director of Public Prosecutions had protected high-profile people and made politically motivated prosecution decisions.
Batohi reportedly questioned Chauke on his apparent initial reluctance to prosecute former president Jacob Zuma’s son, Duduzane Zuma, for culpable homicide despite a magistrate having found there was prima facie evidence that Duduzane may have been negligent when losing control of his Porsche and crashing into a taxi in 2014.
A Zimbabwean woman died, and three people were left injured.