National director of public prosecutionsShamila Batohideclined to return to the witness chair after a brief lunch adjournment at the Nkabinde inquiry on Monday, citing unfair treatment and the need to seek legal advice. Batohi receivedtough questionsfrom advocate Tembeka Ngcukaitobi, the legal counsel for Andrew Chauke, whose fitness to hold office as South Gauteng director of public prosecutions is the primary subject of the inquiry. Panel members asked officials to fetch the head of the National Prosecuting Authority (NPA) and asked why she had taken the decision to not return to the witness stand without seeking permission while she was still under cross-examination.
“I decided, chairperson, that I was not going to come back pending getting proper legal counsel,” said Batohi. “And you made that decision without us giving direction or permission to leave while you are still being cross-examined,” asked the panel’s chairperson, former Constitutional Court judgeBess Nkabinde. Asked why she had acted unilaterally, Batohi said the decision concerned her integrity, “because I think it’s an important decision and it’s one I need to take myself”.
Nkabinde responded that the issue was not her personal decision, but the manner in which Batohi had left the proceedings. “You are before us and you decided you are leaving without approaching us with a request or an application through your team to give you that permission,” Nkabinde said. “Chairperson I wasn’t seeking permission, it’s something that I decided I need to do because it’s about me and my integrity,” Batohi responded.
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“So you can do whatever you want without approaching us?” Nkabinde asked. “Chairperson, I didn’t want to come here because I did not want to be subjected to this type of questioning. I would appreciate it if I can be excused now,” said Batohi.
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