Batohi tells Chauke inquiry that some charges against him are incorrect

National Prosecuting Authority (NPA) boss Shamila Batohi has told the inquiry investigating Johannesburg prosecutions head Andrew Chauke that some of the charges against him are incorrect.

Batohi has been cross-examined by Chauke’s lawyers at the inquiry into his fitness to hold office.

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She laid a complaint against Chauke with President Cyril Ramaphosa, which prompted his suspension and the establishment of the inquiry.

However, Batohi claims she is not the main complainant, noting that Ramaphosa is.

Despite writing to Ramaphosa to complain about Chauke, Batohi has distanced herself from the president’ terms of reference, saying what was in her draft memorandum is not necessarily the terms currently before the enquiry.

Chauke’s lawyer, Tembeka Ngcukaitobi, has taken Batohi through some of the charges against him.

“He sought to improperly have the acting… sign the case dockets and or sign the prosecuting memo. If you read it like that, it's incorrect. That is not what we are saying,” said Batohi.

Ngcukaitobi said, “To charge 3.1.1.1 is a wrong charge.”

“It’s incorrect,” Batohi responded.

Ngcukaitobi said, “Well, incorrect and being wrong are the same thing.”

Chauke’s lawyers have asked for Batohi’s draft that she submitted to the president to compare it to the current terms of reference.

Chauke’s lawyers said this would help establish if it were Batohi who got the charges wrong or the president.