By Johnathan Paoli
The Nkabinde Inquiry was thrown into turmoil on Monday after National Director of Public Prosecutions (NDPP) Shamila Batohi abruptly halted her testimony while still under cross-examination, insisting she would not continue without first obtaining legal counsel; a move the inquiry panel described as improper and disrespectful.
Just after lunch, the panel was informed that Batohi had decided not to return to the hearing chamber following the adjournment, despite being under oath and in the middle of questioning by Advocate Tembeka Ngcukaitobi, who represents suspended South Gauteng Director of Public Prosecutions (DPP), Advocate Andrew Chauke.
Evidence leaders told the panel they had received word from the NPA team that Batohi wished to be excused in order to “go and seek legal counsel”.
Chairperson Justice Elizabeth Nkabinde immediately questioned how Batohi could absent herself without the panel’s permission and directed that she be recalled to the hearing chamber.
When she returned, Batohi admitted she had taken the decision unilaterally.
“I decided that I was not going to come back pending getting proper legal counsel,” Batohi told the panel, confirming she had not sought permission to leave.
She repeatedly insisted that her decision was “about me and my integrity” and said she was “not prepared to continue” with the questioning without legal advice.
Batohi argued that her appearance before the inquiry was “voluntary” and that the nature of the cross-examination justified her decision to stop testifying.
That assertion was firmly rejected by panel member senior counsel Lizzy Baloyi-Mere, who reminded her that the inquiry had been triggered by Batohi’s own referral to the President in terms of the NPA Act.
“You cannot say it’s voluntary. This inquiry exists because of your referral. As a lawyer and a senior advocate heading the NPA, you surely know the rules. A witness cannot just walk out while under oath,” Baloyi-Mere said.
Nkabinde was even more direct, describing Batohi’s conduct as “totally disrespectful” to the panel and the proceedings.
“You decided totally disregarding this panel to walk away and not come back,” the chairperson said, adding that the record would “speak for itself”.
Despite repeated questioning from the panel, Batohi refused to resume answering questions, explicitly stating: “I’m for now stopping my testimony pending legal advice”.
She confirmed she had no idea when she would return and suggested it might only be “sometime next year”.
Ngcukaitobi warned Batohi about the consequences of walking out of an inquiry while under cross-examination, noting that a previous witness who had done so had faced serious repercussions.
Batohi nevertheless maintained her position, telling the inquiry it was the “last question” she would answer.
The panel made it clear that Batohi had not been excused and that no formal application for a postponement was before it.
“You are doing whatever you are doing on your own frolic,” Nkabinde said.
Before the dramatic standoff, Batohi’s testimony had already been marked by sustained and combative cross-examination.
Ngcukaitobi challenged her credibility on several fronts, accusing her of evasive and inconsistent answers regarding the handling of the Cato Manor investigations and allegations against former KZN Hawks head Johan Booysen.
Ngcukaitobi told the inquiry it was the “very first time” Batohi had testified that she was unaware Booysen faced charges beyond racketeering, accusing her of a “blatant lie”; an allegation she denied.
He warned the NDPP, as an advocate of the High Court, that the panel did not “enjoy having to tell you not to lie”.
Batohi conceded that allegations of witness tampering, supported by attachments, had been brought to her “personal attention” but admitted she did not personally deal with the matter and that no action was taken against the deputy national director who failed to act on the complaint.
She defended her reliance on subordinates, saying it was not unreasonable for a national director to expect senior officials to handle such issues.
The panel repeatedly rebuked Batohi for being argumentative, including after she insisted on reading from notes she was then unable to locate.
Nkabinde reminded her that, particularly in racketeering matters such as Cato Manor, “the buck stops with you as the head” of the NPA.
After Batohi refused to continue testifying, evidence leaders requested that proceedings be adjourned to allow parties to regroup and address pending interlocutory issues.
The panel indicated that administrative matters, including directions on outstanding applications and witness arrangements, would be confirmed in the coming days.
The commission announce on Monday that the proceedings were adjourned on 15 December 2025 and are scheduled to resume on 26 January 2026 at 09h00.
“The Enquiry notes with regret that the National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, excused herself from the ongoing cross-examination without submitting a formal application for excusal to the Panel. This affected the planned schedule and sequence of witnesses,” the commission said in a statement.
“Following these developments, the Evidence Leaders, the National Prosecuting Authority (NPA) Legal Team, and the Legal Team representing Advocate Andrew Chauke met to discuss a way forward. The parties agreed that revised schedule of the remaining witnesses will be submitted to the Panel by 17h00 on Tuesday, 16 December 2025.”
The commission added: “Once the revised schedule has been received, the Panel will assess the time required to hear the remaining witnesses. The Panel will then consider approaching the President, through the Minister of Justice and Constitutional Development, to request an extension of the original four-month timeframe for the Enquiry, which is due to end in January 2026.”
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