Witness complications and legal deadlocks stall Nkabinde inquiry proceedings

Johannesburg
Kgomotso Modise

Kgomotso Modise

26 January 2026 | 15:32

The enquiry has spent the day discussing outgoing NPA boss Shamila Batohi’s refusal to continue testifying without legal advice.

Witness complications and legal deadlocks stall Nkabinde inquiry proceedings

National director of public prosecutions, Shamila Batohi, gave testimony on 19 November 2025 in the enquiry into Johannesburg prosecutions boss, Advocate Andrew Chauke. Picture: Kgomotso Modise/EWN

Evidence leaders in the Nkabinde Inquiry state they are experiencing significant challenges with all the witnesses they had lined up to testify regarding former KwaZulu-Natal Hawks boss Johan Booysen and his Cato Manor Unit. 


The inquiry has spent the day discussing outgoing NPA boss Shamila Batohi’s refusal to continue testifying without legal advice.

 
Batohi abandoned her testimony in December as her cross-examination by Advocate Andrew Chauke’s lawyers intensified.

The inquiry is currently investigating Chauke’s fitness to hold office after Batohi accused him of making politically motivated prosecutorial decisions. 


Advocate Shamila Batohi’s refusal to testify without legal advice has caused major delays in the Nkabinde inquiry, as evidence leaders have told the presiding panel that the way forward hinges on whether she is able to consult.

On top of this, evidence leader Advocate Thembo Skhosana has added to the enquiry’s woes by noting the difficulties with the broader witness list.


 In an attempt to avoid further delays, the panel has asked evidence leaders why they cannot continue with the witnesses scheduled to testify on the former intelligence head Richard Mdluli murder case and Chauke’s decision not to prosecute. 


However, the evidence leaders are insisting on a week-long break as Batohi’s bid for legal advice plays out.

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