Inquiry panel rejects Batohi’s bid to amend terms of reference in Chauke fitness hearing

The panel investigating allegations against Johannesburg Prosecutions boss Advocate Andrew Chauke has dismissed an application by National Director of Public Prosecutions (NDPP) Shamila Batohi to amend the inquiry’s terms of reference.

Advocate Batohi and the evidence leaders brought the application to amend the terms during her testimony. The NDPP is the lead complainant in the inquiry, which is currently investigating Chauke’s fitness to hold office.

According to Batohi, Chauke allegedly made politically motivated prosecutorial decisions. However, during her testimony and subsequent cross-examination by Chauke’s legal team, Batohi distanced herself from the formal terms of reference issued by President Cyril Ramaphosa.

She further admitted to the panel that she had not familiarised herself with the specific terms before the inquiry began. This admission comes despite Batohi being the primary complainant whose allegations led the President to establish the inquiry.

Batohi claimed that the final terms of reference signed by the President differed from the documentation she originally submitted.

While evidence leaders argued for the amendment to align the inquiry with Batohi's expectations, Chauke’s lawyers strongly opposed the move. They argued that changing the terms at this stage would be fundamentally prejudicial to their client, as it would significantly alter the scope of the case he is required to answer.

The inquiry panel has sided with Chauke’s legal team, recommending to the President that Batohi’s request for amendment be denied. The inquiry will proceed under the original terms of reference as mandated by the Presidency.