Outgoing national director of public prosecutionsShamila Batohihas opted not to resume her testimony before the Nkabinde inquiry until she receives legal advice, the inquiry heard on Monday. In December, Batohiwalked away from the witness standbefore briefly returning to inform the panel that she wished to suspend her testimony, pending legal counsel. Batohi is the main complainant in an inquiry into the fitness of the South Gauteng director of public prosecutions,Andrew Chauke, to hold office.
On Monday evidence leader advocate David Mohlamonyane told the panel that the past Friday the evidence team had received communication from Batohi that her stance remained unchanged. “She has not yet received the legal counsel that she sought,” Mohlamonyane said, adding that Batohi had requested the appointment of both senior and junior counsel from the Office of the State Attorney but the request was rejected. The acting solicitor-general had advised Batohi to approach the minister of justice and constitutional development.
Justice Minister Mmamoloko Kubayi had responded that because the National Prosecuting Authority (NPA) had a legal team, Batohi should use those services. Mohlamonyane said Batohi had then expected the NPA legal team to advise her. The NPA subsequently wrote to the inquiry, requesting permission to consult Batohi.
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“To date 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,” he said. Panel chairperson Judge Bess Nkabinde summarised Batohi’s position: “I suppose what you are saying in a nutshell is that advocate Batohi will not resume where she ended last year, subject to her being afforded what she asked for.” Nkabinde asked whether the evidence team had discussed a way forward if Batohi did not return to the witness stand. Mohlamonyane said the team was devising a plan to proceed with the inquiry without her testimony.
Nkabinde indicated that the panel had not been informed of the nature of legal advice Batohi was requesting. AdvocateTembeka Ngcukaitobi, for Chauke, said the panel should not forget that Batohi had walked out of proceedings without its permission. “The panel should not create the impression that you can reward the delinquent behaviour of a witness who walks out and then makes an application while outside,” he said, noting that while Batohi was present on Monday after walking out in December, she had decided not to give evidence.
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