By Simon Nare
Former North West Director of Public Prosecutions, Advocate Sello Maema, told the Nkabinde Inquiry that he was threatened with fraud charges by the National Prosecuting Authority (NPA) after it emerged he would be called as a witness in the inquiry. The charges related to the Cato Manor Organised Crime Unit.
Maema said that during the December 2025 testimony of former National Director of Public Prosecutions, Advocate Shamila Batohi, he received an early-morning call while jogging from an NPA investigator and prosecutor.
They informed him they intended to subpoena him to appear in court on fraud charges.
“I was taken aback. How could I be served a subpoena when no statement had been taken from me, and my side of the story had not been considered before deciding to charge me?” Maema said.
Maema, the first witness called by South Gauteng Director of Public Prosecutions, Advocate Andrew Chauke—whose fitness to hold office is under review by the inquiry chaired by retired Constitutional Court Justice Elizabeth Nkabinde—said the investigator told him he faced three fraud charges.
“And I asked what the basis of the fraud charges was, and how I could be summoned to court without my version being heard. The prosecution policy, as well as the Audi Alteram Partem rule, requires that you hear the other side,” he said.
Maema testified that he asked the officer to put him on hold so he could consult a senior in the NDPP office. The officer later said Maema would receive the charges in writing and be given a court date in February 2026. The written charges never arrived. Maema wrote back, requesting the docket from which the charges originated if a holding statement was required.
Advocate Thembeka Ngcukaitobi, representing Chauke, asked Maema what he made of the fraud charges being issued after he brought racketeering charges against Cato Manor unit head General Johan Booysen during Batohi’s testimony.
“It was very strange. I wondered whether it was a scare tactic to prevent my involvement in these proceedings. That’s the only way I interpreted it, because these events happened long ago—why only now, after it was announced I would be a witness?” Maema said.
Ngcukaitobi asked if he feared intimidation. “I had the same fear,” Maema replied.
Earlier in his testimony, Maema apologised to the panel for contradictory statements between his affidavit and oral testimony regarding a meeting with the Cato Manor prosecution team and Batohi. He initially said the meeting lasted no more than two minutes but later stated the team engaged Batohi to seek some explanation.
Panelist Advocate Elizabeth Baloyi-Mere asked if he intended to mislead the panel into viewing Batohi as uncooperative.
“Chairperson, I would never want to mislead this panel. This experience has been very painful. Even that day, I wish I could forget what happened. My time at the NPA, particularly how Advocate Batohi treated me, was deeply unpleasant. That may have contributed to my mistake,” Maema said.
He has previously testified that Batohi hounded him out of the NPA, suspended him, and forced him to report for duty despite being prohibited from prosecutorial work, ultimately forcing his resignation.
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