By Simon Nare
Under-fire South Gauteng Director of Public Prosecutions Advocate Andrew Chauke will on Thursday take the stand at the Nkabinde Inquiry, which is probing whether he is fit to hold office, after securing a ruling against an application by evidence leaders to postpone the proceedings.
Chauke launched an urgent bid over the weekend to oppose the postponement after the evidence leaders failed to secure a witness following the conclusion of testimony last week by former KwaZulu-Natal Director of Public Prosecutions Advocate Moipone Noko.
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Noko was called to testify after National Director of Public Prosecutions Advocate Shamila Batohi walked out of the inquiry in December, insisting she be represented by legal counsel of her own choosing rather than by the National Prosecuting Authority’s legal team.
That request has since been granted. Panel member Advocate Elizabeth Baloyi-Mere told the inquiry on Monday that Batohi appointed her preferred attorneys on Sunday, but it remains unclear when she will be ready to resume her testimony.
Baloyi-Mere said the panel, chaired by retired Constitutional Court Justice Elizabeth Nkabinde, had dismissed the evidence leaders’ application for a postponement and ruled that Chauke should proceed with his evidence. The evidence leaders had sought to defer the hearing to February 17, 2026.
She said Chauke opposed the postponement on the grounds of expediency, an argument the panel accepted. The evidence leaders had initially made an oral application for a postponement last week without advancing substantive reasons.
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They were subsequently instructed to file written submissions by Saturday, with Chauke’s legal team responding by noon on Sunday and the evidence leaders filing a reply by midnight.
“In their substantive application, the evidence leading team sought a postponement of the hearing to 16 February 2026, citing the absence of available witnesses and the pending appointment of Advocate Batohi’s legal representatives,” Baloyi-Mere said.
“However, we were informed this morning that the legal representatives were appointed yesterday, and the evidence leaders were unable to indicate when Advocate Batohi would be ready to testify.”
The panel ruled that proceedings should resume on Thursday, when Chauke will take the stand.
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“We agree with this approach in the interest of expediency and to avoid prejudice to Advocate Chauke should the inquiry be delayed further,” Baloyi-Mere said, adding that the inquiry is governed primarily by the NPA Act and other relevant legislation.
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