Batohi’s exit mid-testimony leaves Nkabinde inquiry in procedural limbo

By Johnathan Paoli

Prosecution’s boss Shamila Batohi’s decision to leave the Nkabinde Inquiry mid-testimony, while still under cross-examination, has thrown a high-stakes process into procedural uncertainty, raising questions about how the panel can proceed, what it can compel, and how much credibility damage the inquiry, and Batohi, may now have to manage.

Batohi declined to return to the witness stand after a lunch adjournment in December, saying she needed legal advice before continuing her testimony.

Her absence was flagged when proceedings resumed and she did not return to the chamber, prompting Advocate Tembeka Ngcukaitobi, counsel for suspended South Gauteng Director of Public Prosecutions Andrew Chauke, to ask the panel to establish her whereabouts.

Advocate David Mohlamonyane, representing the evidence-leading team, confirmed that Batohi wanted to be excused in order to consult legal counsel.

When she was called back before the panel, Batohi confirmed the decision not to return was her