Nkabinde inquiry rejects NPA’s bid to lead its own questioning

Advocate Tembeka Ngcukaitobi at the Nkabinde Inquiry. Picture: Facebook/Nhlanhla Lux Updates The Nkabinde inquiry has rejected the National Prosecuting Authority’s (NPA) bid to lead its own questioning during proceedings. The ruling was handed down during proceedings on Tuesday.

The NPA sought to adjust the Nkabinde inquiry rules by leading evidence and cross-examining witnesses itself, rather than working through the evidence leaders appointed under the presidential proclamation. If the application had been granted, it would have created two parallel lines of questioning in proceedings examining the collapse of the Cato Manor racketeering case and the conduct of suspended Gauteng director of public prosecutions Andrew Chauke. However, retired Constitutional Court Judge and chairperson of the inquiry, Justice Bess Nkabinde, dismissed the request.

“The NPA’s interests are adequately represented in the enquiry; the evidence leaders are independent and should be neutral,” Nkabinde said. “This view is consistent with an inquisitorial nature of the inquiry proceedings. The application lacks merit and should be dismissed.

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Order, accordingly, the application is dismissed,” Nkabinde ruled. Ngcukaitobi warned that granting the application could create inequality and confusion as witnesses would face inconsistent questioning frameworks. “The subtext of this application is that the evidence leaders are unable to perform their functions adequately.

That is a serious allegation, and it has not been established on the papers,” Ngcukaitobi submitted. Garth Hurley, arguing for the NPA, rejected the suggestion that their application impugned the competence of evidence leaders.

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