National director of public prosecutions Shamila Batohi refused to continue testifying at the inquiry into South Gauteng director of prosecutions Andrew Chauke’s fitness to hold office on Monday, saying she needed to obtain proper legal counsel. Batohi was still in the building in Pretoria where the inquiry is being held when proceedings resumed after lunch. However, evidence leader David Mohlamomyane SC told the panel, chaired by justice Bess Nkabinde, that Batohi had indicated she would like to be excused from the proceedings to seek legal advice.
Before the lunch break, Batohi faced tense questioning from Nkabinde about talking to a potential witness at the inquiry, KwaZulu-Natal director of public prosecutions Elaine Harrison, despite being warned not to talk to anybody about the case as she was still under oath. Mohlamonyane told Nkabinde that Batohi was still in the building but was not willing to return to the chamber. “The situation as it stands is that she is not here because she is asking to be excused and wishes to seek legal counsel.
She is asking the panel to excuse her,” Mohlamonyane said. Nkabinde asked that Batohi be called back into the chamber. When she returned, Nkabinde asked Batohi why she decided to stay away without seeking the panel’s permission.
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Batohi replied that she decided not to return pending proper legal counsel. Nkabinde then asked Batohi why she took the decision without the panel giving direction or permission for her to leave while being cross-examined. Batohi replied she thought it was an important decision and one she needed to take herself.
“You are before us. You decide to leave without approaching us with a request or an application through your team, and you stay away,” Nkabinde said. “It is something I decided I needed to do because it concerns me and my integrity.” Asked if she thought she can do whatever she wanted without approaching the panel, Batohi replied: “I did not want to come here because I did not want to be subjected to this kind of questioning. I would appreciate it if I could be excused now.”
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