Cross-examination of NDPP Shamila Batohi raises questions over her Nkabinde Inquiry testimony

The Nkabinde Inquiry has shifted dramatically after Andrew Chauke's lawyer, Advocate Tembeka Ngcukaitobi, put National Director of Public Prosecutions Shamila Batohi under intense scrutiny.

In cross-examination, he accused her of 'poisoning the waters' by linking Chauke to State Capture without offering direct evidence.

Batohi laid a complaint against Chauke with President Cyril Ramaphosa, leading to the establishment of the inquiry.

"It's quite strange that she makes the allegations, but doesn't back it up," says legal expert Melusi Xulu.

Batohi accused Chauke of making decisions without accounting for all the facts of a case, but then told the inquiry that she herself had not read some of the documents.

She then suggested that case law supports her assertion that national directors are not required to read the dockets.

Xulu disagrees.

"Once the matter is in front of you, at least read the dockets as the NDPP, so that when you make a decision, you are also well-informed."

Batohi comes across as an NDPP who does not focus on the details, says Xulu.

"Her lack of preparedness gives more strength to Advocate Chauke's case."

The inquiry continues as six candidates were this week interviewed by a seven-strong panel who will make a recommendation to the President as to Batohi's replacement.

"What the NPA needs is a total clean-up," says Xulu.

To listen to Xulu in conversation with 702's Bongani Bingwa, click below: