By Simon Nare
Retired Constitutional Court Justice Bess Nkabinde on Thursday criticised suspended South Gauteng director of public prosecutions Advocate Andrew Chauke’s legal team for filing his affidavit late, forcing a delay in his testimony so parties could read it.
The Nkabinde Inquiry, which is probing Chauke’s fitness to hold office, heard from his legal representative, Advocate Tembeka Ngcukaitobi, that the team had failed to file the statement by noon on Wednesday as promised and could only submit it at 8 pm.
ALSO READ: Department says work-from-home not policy as fuel hike looms
Nkabinde said the delay was unacceptable, particularly because Chauke had already prepared an affidavit for the Zondo Commission and another commission, which should have made it easier for his legal team to compile and submit the document earlier.
She said that although some of the matters dealt with in Chauke’s statement may already have been covered by previous witnesses and were in the public domain, the panel still needed time to prepare and familiarise itself with his version.
“I was actually taken aback by the fact that this delay happened even after the recess. I do not accept that it is your blame entirely, because you have a team. This team should have been working throughout the seven days when we were not sitting. It is not clear to me why this affidavit was only ready yesterday….
“You have been sitting here throughout with Advocate Chauke. You should have assisted senior counsel in preparing these documents way back when we started with this because you understand terms of reference,” Nkabinde told the entire legal team.
She reminded all the parties that the panel still had to prepare its report for President Cyril Ramaphosa, and that she would not tolerate unnecessary delays.
ALSO READ: EFF Tshwane wants answers over alleged Brink DA salary top-up
Nkabinde gave Ngcukaitobi until 31 March to conclude with all his witnesses so that the evidence leaders could begin calling theirs.
She said that from 1 April, the evidence leaders would have an opportunity to present their witnesses, and added that their available time had already been shortened by the Easter holidays.
“We propose that we get to the chase and focus on what we really need to focus on so that we can hear other witnesses. So, please make sure that whatever you do from today is going to enable them to cross examine and you also re-examine and call the outstanding witnesses, be it virtually or otherwise.
“But by end of this month, all your witnesses must be finished. That will make our task even easier,” she said.
Chauke’s much-anticipated testimony is expected to address issues relating to prosecutorial discretion, legal compliance and internal governance processes.
ALSO READ: AfriForum releases dossier on Fikile Mbalula
President Cyril Ramaphosa established the inquiry after concerns were raised about Chauke’s conduct by former National Director of Public Prosecutions Advocate Shamila Batohi.
Batohi later became a controversial figure in the proceedings after defence witnesses and Chauke’s counsel challenged her handling of the Chauke matter and aspects of her leadership within the NPA. She abandoned her testimony midway in December to “seek legal advice”.
