By Lehlohonolo Lehana.
The Nkabinde inquiry probing Gauteng head of prosecutions Andrew Chauke’s fitness to hold office has adjourned for the year.
This comes after NDPP boss Adv. Shamila Batohi abruptly refused to continue testifying while still under cross-examination.
Batohi has been the main witness testifying against Chauke, whom she has accused of making politically motivated prosecutorial decisions. Over the past two weeks, Batohi has been pressed by the panel members to substantiate her allegations.
The panel was first told that Batohi had left the hearing chamber after the lunch adjournment and would not return, despite still being on the witness stand. It later emerged that she had not sought permission from the panel but instructed her counsel to inform the inquiry of her decision.
Advocate Tembeka Ngcukaitobi, who was cross-examining her, openly questioned where the witness had gone.
The evidence-leading team confirmed that the NPA had informed them that Batohi wanted to consult legal counsel before continuing.
Chairperson Justice Bess Nkabinde ordered that Batohi be recalled.
Justice Nkabinde said Batohi was being disrespectful to the hearing.
Batohi apologized, saying that was not her intention.
Justice Nkabinde stressed that the inquiry exists because Batohi herself had written to the President, triggering the process that led to this hearing.
She asked whether a formal application for a postponement was being made.
“No, Chairperson, I am not making any application. Batohi explained that she was halting her testimony, stating, “I am for now stopping my testimony, pending legal advice.”
Ngcukaitobi told the inquiry that they will challenge Batohi’s decision to abandon the inquiry. It remains unclear if Batohi will return to the witness chair. Fullview has since leant that inquiry will continue with other witness when it reconvenes in next year.