Shamila Batohi testimony uncertain as Chauke inquiry resumes

The inquiry into Johannesburg prosecutions boss Advocate Andrew Chauke is expected to resume on Monday with a cloud of uncertainty about testimony by NPA boss Advocate Shamila Batohi.

Before the hearings paused in December, Batohi had been the first witness to testify against Chauke as the main complainant against him.

The inquiry is investigating Chauke’s conduct in office after Batohi accused him of making politically motivated prosecutorial decisions.

Outgoing head of the NPA, Advocate Shamila Batohi, is the main complainant against Johannesburg prosecutions boss Andrew Chauke.

She is accusing him of making questionable prosecutorial decisions, particularly regarding the prosecution of former KZN Hawks head Johan Booysen and the Cato Manor unit.

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But last year, as Batohi was questioned about her decision to withdraw the charges against Booysen without having read the docket against him, she decided to stop testifying and seek legal advice.

This is something that chairperson retired Justice Bess Nkabinde, reprimanded her for.

Nkabinde: "Because this inquiry is instituted at your instance and we have been appointed to preside over this inquiry and you decide, totally disregarding this panel, to walk away and to decide not to come back here."

Batohi: "Chairperson, I was in the building and when I was told to come back I did come back."

Nkabinde: "Do you want to walk away now?"

Batohi: "I would appreciate it if I can be excused."

Nkabinde: "This is the request you ought to have made before you behaved the way you did."

The inquiry said it expects Batohi back on the witness stand but said the evidence leaders have written to her to inquire if she will be ready to resume, and she had not responded by Friday.