By Lehlohonolo Lehana.
The outgoing National Director of Public Prosecutions (NDPP) boss Shamila Batohi’s application to amend the terms of reference of the Nkabinde Inquiry has been rejected.
The inquiry, established by President Cyril Ramaphosa on September 29, 2025 and chaired by retired Justice Bess Nkabinde, investigates serious allegations concerning Adv Andrew Chauke’s fitness to serve as South Gauteng Director of Public Prosecutions.
Batohi brought the application to amend the terms during her testimony.
Her testimony at the Nkabinde inquiry has cast a shadow over her seven-year tenure and suggests she was too quick to delegate to her subordinates during her leadership of the National Prosecuting Authority (NPA). She stunned many people when she walked out of the inquiry.
Chauke was suspended with full pay from 20 July 2025 pending the inquiry.
During her testimony and subsequent cross-examination by Chauke’s legal team, Batohi distanced herself from the formal terms of reference issued by Ramaphosa.
She further admitted to the panel that she had not familiarised herself with the specific terms before the inquiry began. This admission comes despite Batohi being the primary complainant whose allegations led the President to establish the inquiry.
Batohi claimed that the final terms of reference signed by the President differed from documentation she originally submitted.
While evidence leaders argued for the amendment to align the inquiry with Batohi’s expectations, Chauke’s lawyers strongly opposed the move. They argued that changing the terms at this stage would be fundamentally prejudicial to their client, as it would significantly alter the scope of the case he is required to answer.
The inquiry panel has sided with Chauke’s legal team, recommending to the President that Batohi’s request for amendment be denied. The inquiry will proceed under the original terms of reference as mandated by the Presidency.
The enquiry was adjourned on Monday, December 15, 2025 and is scheduled to resume on 26 January 2026.
“The NDPP excused herself from ongoing cross-examination without submitting a formal application for excusal to the Panel. This affected the planned schedule and sequence of witnesses,” said Tiyisela Mpuzana, spokesperson for the enquiry.
A revised schedule of remaining witnesses will be submitted to the Panel, which may also request an extension of the enquiry’s original four-month timeframe, he said.
Batohi was appointed, as required by the Constitution in section 179(1)(a), by the President, in February 2019, following the first-ever public interviews for the position in November 2018. The NDPP has a non-renewable 10-year term in office, according to section 12 of the NPA Act, which sets an age limit of 65. This means Batohi must leave office on 27 January 2026 — when she turns 65 — a after only seven years in office.