By Lehlohonolo Lehana.
President Cyril Ramaphosa granted the request for an extension for the completion date for the Nkabinde Inquiry following endless stalling caused by witness delays.
The Inquiry was established in September last year to investigate and determine the fitness to hold office of Advocate Andrew Chauke, the Director of Public Prosecutions for the South Gauteng Division.
Chauke is accused of interfering in the prosecutions of former KwaZulu-Natal head of the Directorate for Priority Crime Investigation (the Hawks) Johan Booysen, and former Crime Intelligence head Richard Mdluli.
Ramaphosa suspended Chauke in July last year pending the finalisation of the inquiry.
It is led by retired Justice Baaitse Elizabeth Nkabinde, assisted by Adv Elizabeth Baloyi-Mere SC and Attorney Matshego Ramagaga as additional members of the inquiry.
The original date for the completion of the inquiry and submission of a final report was 30 January 2026.
“President Ramaphosa has extended this period to 30 June 2026 as a result of a delay in the commencement of the proceedings of the inquiry, the Presidency said in a brief statement.”
The extension was sought after endless stalling caused by witness delays and outgoing head of the National Prosecuting Authority (NPA) Shamila Batohi’s surprise walkout in December.
After her walkout, Batohi refused to continue her cross-examination without legal representation.
Batohi leaves office on Monday when new NPA head, advocate Andy Mothibi, begins his term.
Advocate Tembeka Ngcukaitobi, appearing for Chauke, informed the panel on Thursday, 29 January, that former KwaZulu-Natal prosecutor, advocate Moipone Noko, would indeed be willing to testify.
Earlier in the week evidence leaders advocates Themba Skosana and David Mohlamonyane had explained that some witnesses lined up in the Cato Manor matter had “collapsed”. This included Noko, whom they claimed had failed to respond to communication from the team.
However, Ngcukaitobi said that Noko had contacted him afterwards disputing this and had offered to testify. An application for her to be called as a witness by Chauke was not opposed.
Noko has been accused by Booysen of withdrawing charges against former president Jacob Zuma family associate Thoshan Panday and his co-accused Colonel Navin Madhoe. She resigned in 2o21 after being transferred to North West province.
The De Kock report, as it became known, investigated the “Cato Manor/Booysen saga” and found that NPA prosecutors had “conspired” to charge Johan Booysen and the unit.
With regard to Booysen, Mohlamonyane said the former general had indicated he was prepared to testify but would only be able to do so at the end of February.
“He is prepared to testify. He does not want to be seen as recalcitrant. The Danikas clips that were flighted on air paint a bad picture and he wanted to deal with that fully and decisively in his affidavit,” said Mohlamonyane.