Nkabinde Inquiry slams door on NDPP Shamila Batohi’s bid to rewrite Andrew Chauke probe
The Nkabinde Inquiry has dismissed Shamila Batohi’s application to amend the inquiry’s terms of reference.
Image: Oupa Mokoena/Independent Newspapers
The Nkabinde Inquiry has rejected an attempt by National Director of Public Prosecutions (NDPP), Shamila Batohi, to amend the inquiry’s terms of reference midstream.
The panel, chaired by Advocate Bess Nkabinde, dismissed Batohi’s application after fierce opposition from Adv. Andrew Chauke’s legal team, ruling that the inquiry must proceed strictly under the original mandate issued by President Cyril Ramaphosa.
The inquiry is examining serious allegations relating to Chauke’s fitness to serve as South Gauteng Director of Public Prosecutions, including claims that he made politically motivated prosecutorial decisions.
Chauke has been suspended on full pay since July 20, pending the outcome.
Batohi, the primary complainant whose allegations triggered the presidential inquiry, sought to expand or alter the scope of the investigation while testifying before the panel.
She argued that the final terms of reference signed by the President differed from the documentation she had initially submitted.
However, during cross-examination, Batohi conceded that she had not familiarised herself with the specific terms of reference before the inquiry commenced.
This is an admission that drew sharp scrutiny from Chauke’s legal representatives.
Evidence leaders supported Batohi’s request, contending that amendments were necessary to align the inquiry with her expectations and evidence.
Chauke’s lawyers, however, warned that any changes at this stage would be fundamentally unfair and prejudicial.
They argued that amending the terms would shift the goalposts, forcing Chauke to defend himself against a materially different case than the one he had prepared for.
The panel agreed.
In its ruling, the inquiry recommended to Ramaphosa that Batohi’s application be denied, confirming that the proceedings will continue under the original terms of reference as mandated by the Presidency.
This is a setback for Batohi, whose credibility has increasingly come under the spotlight during her testimony.
Tensions escalated further on Monday when Batohi abruptly excused herself from the ongoing cross-examination without submitting a formal application to the panel.
She failed to return after the lunch adjournment, later stating that she wished to be excused to seek legal representation.
"I’d like to be excused," she said.
Batohi subsequently returned to the hearing.
The inquiry was adjourned on Monday and is scheduled to resume on 26 January 2026
kamogelo.moichela@iol.co.za
IOL Politics