The ongoing dispute over legal representation for Advocate Batohi leaves the Nkabinde Inquiry at a standstill, hindering progress in the investigation into Advocate Chauke’s fitness for office. The Nkabinde Inquiry, which is assessing the fitness ofAdvocate Andrew Chauketo hold office, has been thrown into further delay asNDPP Advocate Shamila Batohirefuses to continue her testimony without securing legal counsel. The matter, which has been a point of contention since December 2025, was discussed again on January 26, 2026, when Advocate David Mohlomonyane SC, representing the evidence leaders, confirmed that Batohi’s position remains unchanged.
According to Mohlomonyane, Batohi had interrupted her testimony in December, citing the need for legal advice. Despite repeated requests, she has yet to receive the counsel she deems necessary. “On the 23rd of January 2026, the evidence leaders received a letter from Advocate Batohi informing us that the position as it pertained on the 15th of December 2025 is still the same,” Mohlomonyane said.
“She has not yet received the legal counsel which she sought.” Batohi, who had initially asked the Office of the State Attorney for both senior and junior counsel, was advised to seek the Minister of Justice’s intervention. In early January 2026, the Minister recommended that Batohi utilise the National Prosecuting Authority’s (NPA) legal team, led by Advocate Garth Hulley SC and Advocate Leketo. However, Batohi has expressed dissatisfaction with this arrangement, claiming that she expected a different form of legal support.
[paywall]
In her communication to the inquiry, Batohi emphasised that she would not continue with her evidence until she is granted the legal counsel she requested. “Advocate Batohi says there was no response from the panel, and therefore, she will not be able to continue with her evidence until and unless she receives legal counsel,” Mohlomonyane stated.
[/paywall]
