WATCH| Nkabinde Inquiry: Batohi’s testimony to resume as hearings on Chauke’s fitness continue

National Director of Public Prosecutions (NDPP) Shamila Batohi returns to the witness stand at the Nkabinde Enquiry. 

The inquiry into the fitness of South Gauteng DPP Advocate Andrew Chauke to hold office resumes its public hearings on Monday, 26 January 2026, following a break for the festive period.

The hearings, which were adjourned on 15 December 2025, will continue as the inquiry moves into a new phase.

Tiyisela Mpuzana, spokesperson for the Nkabinde Enquiry, stated that the forthcoming hearings are expected to include testimony from witnesses led by the Evidence Leaders, as well as those called by Advocate Chauke's legal team.

The fact-finding process, Mpuzana said, “will continue as the enquiry works towards its mandate.”

Batohi, who had previously excused herself from the proceedings while seeking legal counsel, remains under oath.

“The Evidence Leaders have written to Advocate Batohi to enquire whether she will resume her testimony on 26 January 2026,” Mpuzana said in a statement on Friday. 

The Nkabinde Inquiry, which began investigating serious allegations about Chauke’s conduct, including claims that he made politically motivated prosecutorial decisions, was interrupted in December when Batohi sought to amend the inquiry’s terms of reference midstream.

The panel, chaired by Advocate Bess Nkabinde, rejected Batohi’s request after strong opposition from Chauke's legal team.

The inquiry ruled that it would proceed under the original mandate issued by President Cyril Ramaphosa.

In its ruling, the inquiry recommended to the President that Batohi’s application be denied, confirming that the proceedings would continue as originally planned.

As reported by IOL, Batohi caused a stir during the December hearings when she refused to return to the proceedings after a lunch break, saying she needed legal advice before continuing her testimony.

The inquiry panel was informed that Batohi had decided not to return independently, stating, “I decided, Chairperson, that I was not going to come back, pending getting proper legal counsel.”

"I’d like to be excused," she said. 

She explained that this decision was about her personal integrity, emphasising, “It is about me and my integrity.”

In response, the panel reminded Batohi that her testimony was part of a process initiated by her own referral to the President.

“Because of an act of Parliament, we are not just here as a kind of court. We are here because you took the time to write a letter to the President,” the chair stated.

Batohi was warned that leaving the proceedings could be seen as disrespectful to Parliament, although she insisted that she was not withdrawing from the inquiry.

It remains unclear whether Batohi will return to the witness stand when the hearings resume.

“Any further developments in this regard will be communicated,” Mpuzana said.

hope.ntanzi@iol.co.za 

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