By Lehlohonolo Lehana.
The former National Director of Public Prosecutions (NDPP) Shamila Batohi has withdrawn from the Nkabinde Commission of Inquiry citing procedural fairness concerns and challenges to her credibility.
On Thursday, the commission sat to address outstanding matters, including Batohi’s appearance.
At the centre of Batohi’s withdrawal is a dispute over legal representation during cross-examination.
She said she required proper consultation with her attorneys while being questioned and believed that continuing without that support would be unfair. Batohi also raised concerns about how the inquiry was treating her credibility.
In a written statement delivered through her legal team, she said the decision had been carefully considered and was not made lightly.
Her position signals a deeper concern often raised in commissions and inquiries across South Africa: whether processes designed to uncover truth are also protecting the rights of those called to testify.
While acknowledging the importance of the inquiry’s mandate, Batohi indicated that the circumstances of the proceedings had made her continued participation untenable.
“As a matter of constitutional principle and procedural fairness, it would have been appropriate to allow Harris Nupen Molebatsi Attorneys (HNM) to consult with me… This is regrettably not possible in the light of the decision of the panel,” Batohi stated.
Batohi sought to reassure the public that her withdrawal was not a dismissal of her responsibilities as the former NDPP.
“I wish to assure the people of this country, to whom I have been accountable as the NDPP, that I have at all times acted with integrity and bona fides in this process,” she said.
The inquiry, chaired by retired Constitutional Court Judge Bess Nkabinde, ruled that Batohi’s explanatory statement would not carry evidentiary value and would not form part of the official record.
That ruling appears to have sharpened the standoff.
The development marks a dramatic turn in the high-profile inquiry into the fitness of suspended South Gauteng Director of Public Prosecutions Advocate Andrew Chauke to hold office.
The panel must now decide how to proceed — whether to rely on her earlier testimony, call additional witnesses, or adjust its timetable.
The Inquiry is expected to conclude its work by 30 June 2026. Its findings could have significant implications for accountability within the National Prosecuting Authority (NPA).
In a related development, the MK Party recently failed in an urgent application before the Gauteng High Court to block Batohi’s pension payout, which had been challenged amid the same misconduct allegations under scrutiny in the inquiry.