Nkabinde says there was a case to answer in Cato Manor prosecutions

By Simon Nare

Retired Constitutional Court Justice Elizabeth Nkabinde has conceded that there was a case to answer against members of the Cato Manor Organised Crime Unit, based on testimony presented at the inquiry and the report compiled by former KwaZulu-Natal Director of Public Prosecutions Advocate Moipone Noko.

During cross-examination of former North West Director of Public Prosecutions Advocate Sello Maema, who was the lead prosecutor in the matter, Nkabinde said she found it unusual that former National Director of Public Prosecutions Shamila Batohi withdrew the charges in 2019 but only requested a report from Noko in 2020.

The retired justice, who is chairing the inquiry into the fitness of South Gauteng Director of Public Prosecutions Andrew Chauke to hold office, said that in ordinary circumstances Batohi should have sought a report before withdrawing the charges — not after.

“It should have happened the other way round, chairperson, prior to