The inquiry into the fitness of Johannesburg prosecutions head Andrew Chauke to hold office was again delayed on Monday after outgoing National Prosecuting Authority (NPA) head Shamila Batohi sought legal advice, reigniting uncertainty over how proceedings should continue. Batohiis the main complainant against Chauke and the inquiry’s first witness but her testimony has been repeatedly interrupted by disputes over legal representation. Last year, Batohi stepped away from the witness stand to seekindependent legal counsel.
Her request for state-funded personal representation was rejected by the solicitor-general and a subsequent appeal was also declined by justice minister Mmamoloko Kubayi, who advised her to use the services of the NPA’s lawyers. Batohi has since refused to resume her testimony until the issue is resolved. Evidence leaders told the inquiry on Monday they needed a week to explore whether there is a possible conflict of interest linked to Batohi’s legal representation, a development that has further stalled the state’s case against Chauke.
Advocate Themba Skosana, one of the evidence leaders, said the inquiry could not move forward without clarity on Batohi’s legal status. He added the evidence leaders were not there to represent Batohi personally, but to facilitate the progress of the inquiry. Justice Bess Nkabinde, who is presiding over the proceedings, expressed frustration over the time lost to procedural wrangling and noted the panel had not received a formal application setting out Batohi’s legal needs.
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“If we are asked to make a decision, it must be on an application,” said Nkabinde. She warned the inquiry could not remain stalled indefinitely, adding that it could proceed with other witnesses if Batohi chose not to testify. On Monday evening, Nkabinde said the request for a postponement until next Monday could not be granted.
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