By Simon Nare
The Nkabinde Inquiry has confirmed its next witness after National Director of Public Prosecutions Advocate Shamila Batohi abruptly abandoned her testimony mid-way to seek legal advice, leaving evidence leaders without a witness.
Parties agreed that Advocate Moipone Noko will now take the stand.
Noko had previously informed the panel, chaired by Constitutional Court Justice Elizabeth Nkabinde, that she was unavailable, but later wrote to clarify her willingness to testify.
When the inquiry, which is probing the fitness of South Gauteng Director of Public Prosecutions Advocate Andrew Chauke to hold office, resumed on Wednesday following a Monday postponement, legal representatives spent almost half the day in chambers discussing potential witnesses.
Chauke had applied for Noko to testify, and the application was unopposed. During discussions, it emerged that Noko had reached out to the panel to set the record straight about her availability.
In an agreement read by Advocate Thembela Ngcukaithobi, Noko will be consulted and ready when the inquiry resumes on 3 February 2026.
“The inquiry directs as follows: Advocate Noko shall be called by the chairperson of the inquiry as a witness,” the order reads.
Evidence leader Advocate Mmotse Mohlamonyane assured the panel that Noko’s statement will be finalised and circulated among the parties in time for her testimony.
“The evidence leaders will, to the best of our ability, consult with Advocate Noko from tomorrow (Friday) so she can be ready as soon as possible,” he said.
Justice Nkabinde stressed the need to make progress after months of delays.
She noted that the office of Justice and Constitutional Development Minister Mmamoloko Kubayi had approved an extension to allow the panel to complete its work.
The inquiry was nearly derailed when Batohi left mid-testimony, leaving evidence in limbo.
The inquiry was established by President Cyril Ramaphosa following a request from Batohi, who cited several complaints—including her own—against Chauke.
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