Nkabinde Enquiry dismisses Batohi's bid to obtain legal advice under cross-examination

The Nkabinde Enquiry has explained its decision to dismiss an application by former National Prosecuting Authority (NPA) boss Shamila Batohi to obtain legal advice while under cross-examination.

Batohi was being questioned by advocates representing Andrew Chauke in a hearing that is investigating his fitness to head the Johannesburg prosecutions office.

The panel ruled that Batohi was not entitled to the same procedural safeguards as an accused person and, therefore, could not claim an automatic right to legal consultation during cross-examination.

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In a unanimous ruling, chairperson Justice Bess Nkabinde found that the line of questioning did not amount to unfair administrative action and that her right to procedural fairness had not been violated.

The enquiry also pointed out that Batohi had failed to demonstrate any basis for interrupting the cross-examination to seek legal advice.

Reading the ruling, Nkabinde highlighted some of the faults identified.

“She’s not entitled to any such safeguards under section 35 of the Constitution. This is so because the applicant is not an accused person. Accordingly, the application is dismissed. This is a unanimous ruling.”

The matter forms part of a broader inquiry into Chauke’s fitness to hold office as Johannesburg’s prosecutions chief.