Advocate Tembeka Ngcukaitobihas accused national director of public prosecutionsShamila Batohiof trying to distance herself from the terms of reference she originally sent to President Cyril Ramaphosa for the Nkabinde inquiry intoAndrew Chauke, saying they differed materially from the gazetted version. Batohi denied this on Thursday, telling the inquiry: “I’ve got no reason to lie in this matter. No doubt you’ll probably find an argument that I do have a reason.
But let me say that I did not lie when I tended my argument.” The investigation, established by President Cyril Ramaphosa, must determine whether Chauke is fit to remain the South Gauteng director of public prosecutions in light of his decision to pursue racketeering charges against the former KwaZulu-Natal head of the Directorate for Priority Crime Investigation (the Hawks),Johan Booysen. Batohi insists Chaukesought charges without evidenceand outside his jurisdiction, but his defence team — led by Ngcukaitobi — says there was sufficient evidence and that he acted within his powers. Ngcukaitobi questioned inconsistencies between the draft and final gazetted terms, noting that the final terms removed an allegation that Chauke signed the indictment charging Booysen with racketeering.
He asked Batohi to identify passages in the evidence that demonstrated that Chauke acted outside his powers. “Certainly it does not specifically state, those words are not used here that he acted outside his jurisdiction, but everything that I’ve read indicates that every aspect to exercise power as DPP to exercise power within his jurisdiction,” Batohi replied. Ngcukaitobi pressed her on why this was missing from the draft.
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Batohi said the omission might have been an oversight, but should not “constrain” the inquiry. “So you see this enquiry as also fixing your mistake and oversight and your sloppiness in drafting,” he further asked. She responded, “That is your comment, and I will not respond to that.” Ngcukaitobi said, “You are the one who said that merely because there was a mistake, merely because there was an oversight, should not constrain the enquiry.
So it’s completely justified for me to put it back to you that you see the role of this enquiry as fixing your mistake, fixing your oversight, and fixing your sloppiness in drafting.” Batohi pushed back, saying, “Counsel, you think you’re justified, I don’t. We can agree to disagree about that.” She added that the KwaZulu-Natal director of public prosecutions had not received 23 murder case dockets that might have justified decisions taken at the time.
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