Key Takeaways:
- National director of public prosecutions Shamila Batohi refused to continue testifying at the inquiry into South Gauteng director of prosecutions Andrew Chauke’s fitness to hold office.
- Batohi cited the need to obtain proper legal counsel as the reason for her refusal to continue testifying.
- The inquiry was adjourned to January 26, 2026, due to the extraordinary circumstances.
- Chauke’s team does not accept that Batohi is entitled to return and continue with her evidence, and may seek to have her evidence struck in its entirety.
- The incident has raised questions about the limits of a witness’s ability to refuse to testify and the consequences of such actions.
Introduction to the Inquiry
The inquiry into South Gauteng director of prosecutions Andrew Chauke’s fitness to hold office took a dramatic turn on Monday when national director of public prosecutions Shamila Batohi refused to continue testifying. Batohi, who was still under oath, cited the need to obtain proper legal counsel as the reason for her refusal to continue testifying. The incident has raised questions about the limits of a witness’s ability to refuse to testify and the consequences of such actions.
The Events Leading Up to Batohi’s Refusal
Before the lunch break, Batohi faced tense questioning from justice Bess Nkabinde, the chairperson of the inquiry, about her decision to speak to a potential witness, KwaZulu-Natal director of public prosecutions Elaine Harrison, despite being warned not to discuss the case with anyone. Batohi’s actions were seen as a potential breach of the rules of the inquiry, and Nkabinde pressed her for an explanation. Batohi’s responses were seen as evasive, and Nkabinde’s questioning became increasingly aggressive.
Batohi’s Refusal to Continue Testifying
After the lunch break, Batohi informed the panel that she would like to be excused from the proceedings to seek legal advice. However, when she returned to the chamber, Nkabinde asked her why she had decided to stay away without seeking the panel’s permission. Batohi replied that she had decided not to return pending proper legal counsel, and that she was not seeking permission from the panel. The exchange between Batohi and Nkabinde became increasingly heated, with Batohi accusing Nkabinde of shouting at her and Nkabinde accusing Batohi of being disrespectful.
The Consequences of Batohi’s Actions
The consequences of Batohi’s actions are still unclear, but it is likely that they will have significant implications for the inquiry and for Batohi’s own career. Chauke’s team has indicated that they will seek to have Batohi’s evidence struck in its entirety, and it is possible that the inquiry will be delayed or even abandoned as a result of Batohi’s refusal to continue testifying. The incident has also raised questions about the limits of a witness’s ability to refuse to testify and the consequences of such actions.
The Reaction of Chauke’s Team
Chauke’s team has reacted strongly to Batohi’s refusal to continue testifying, with counsel Tembeka Ngcukaitobi SC accusing Batohi of abandoning her participation in the inquiry without leave. Ngcukaitobi pointed out that Batohi had made no application for postponement and was simply refusing to answer further questions. He also noted that the last time someone walked out of an inquiry without seeking permission, there were serious consequences, in an apparent reference to former president Jacob Zuma’s decision to leave the state capture commission without seeking permission from the chairperson.
The Adjournment of the Inquiry
The inquiry was adjourned to January 26, 2026, due to the extraordinary circumstances surrounding Batohi’s refusal to continue testifying. The adjournment will give the parties involved time to consider their next steps and to seek legal advice. However, it is unclear what will happen when the inquiry resumes, and whether Batohi will be allowed to return and continue with her evidence. The incident has raised significant questions about the conduct of the inquiry and the limits of a witness’s ability to refuse to testify, and it is likely that the consequences of Batohi’s actions will be felt for some time to come.