By Lehlohonolo Lehana.
The Nkabinde Commission of Inquiry has rejected former National Director of Public Prosecutions (NDPP) boss Shamila Batohi’s application to file formal written submissions.
The inquiry, headed by retired Constitutional Court judge Jess Nkabinde, was set up at the insistence of Batohi, who had written to President Cyril Ramaphosa requesting a probe into Gauteng NDPP boss Andrew Chauke fitness to hold office.
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.
In December, Batohi walked out of the inquiry claiming she had faced “a hostile and accusatory” process.
She had petitioned the inquiry panel to file formal written submissions to be admitted into the official record after she halted her testimony during cross-examination.
On Friday, the commission confirmed it had rejected an application by Batohi to submit written representations for inclusion in the record.
Batohi sought to provide additional context following her incomplete cross-examination and decision to end oral testimony.
The inquiry said, after considering the application and legal framework, the inquiry declined the request as it finalises its report.
The inquiry said Batohi “had petitioned the Panel for leave to file formal written submissions to be admitted into the official record of the Enquiry”.
It said the application sought “to provide further context to her uncompleted cross-examination and her subsequent decision to discontinue oral testimony before the Panel”.
“Following a careful evaluation of the application, the answering affidavits, and the applicable legal framework governing these proceedings, the Panel has denied the application and declined to grant leave for the written submissions to be admitted into the record.”
The panel said Batohi’s role in the inquiry was limited to giving evidence and that she had no right, as a witness, to supplement her incomplete testimony through written submissions.
“Accordingly, the application lacks merits and the relief sought in the notice of motion should therefore be refused,” the ruling said.
The inquiry is expected to complete its work and submit a final report to Ramaphosa by 30 June 2026. It will determine if Chauke is fit and proper to hold office and be a member of the prosecutorial service,