By Simon Nare
The Nkabinde Inquiry has agreed on the next witness to testify after National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi abruptly abandoned her testimony mid-way to seek legal advice, leaving the evidence leaders without a witness to call.
The parties agreed that Advocate Moipone Noko will be the next witness to take the stand. Noko had earlier written to the panel, chaired by Constitutional Court Justice Elizabeth Nkabinde, after evidence leaders indicated she was no longer available to testify.
When the inquiry into the fitness to hold office of South Gauteng Director of Public Prosecutions Advocate Andrew Chauke resumed on Wednesday—after being postponed on Monday—legal representatives spent nearly half the day in chambers deliberating on the next witness.
The discussions centred on an application by Chauke for the inquiry to call Noko to testify. The application was not opposed by any party.
It emerged during the in-chambers meeting that Noko, whom evidence leaders had previously told the panel was unwilling to testify, had written to the panel to clarify her position.
Reading an agreement into the record, Advocate Thembela Ngcukaitobi said Noko would be consulted and would be ready to testify when the inquiry resumes on February 3, 2026.
“The inquiry directs as follows: Advocate Noko shall be called by the chairperson of the inquiry as a witness of the inquiry,” the order read.
Evidence leader Advocate Mmotse Mohlamonyane assured the panel that Noko’s statement would be finalised and circulated to all parties in time.
“Madam Chair, the evidence leaders will, to the best of their ability, make a concerted effort to consult with Advocate Noko from tomorrow (Friday) so that she can be ready as soon as possible,” Mohlamonyane said.
Justice Nkabinde stressed the need for the inquiry to regain momentum after months of delays. She also announced that the office of Justice and Constitutional Development Minister Mmamoloko Kubayi had informed the panel that the inquiry’s extension application would be granted, allowing it to complete its work.
The inquiry was nearly derailed when Batohi halted her testimony, leaving proceedings in limbo as no alternative witness was immediately available while the matter was being addressed.
President Cyril Ramaphosa established the inquiry following a request by Batohi, who cited several complaints against Chauke—including those lodged by herself.
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