'Hold Batohi accountable for Zuma-like walkout '

JUST like ex-president Jacob Zuma, former National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi should face the music for walking out of the Nkabinde Inquiry without permission from Justice Bess Nkabinde. 

Legal experts argued that Batohi, like Zuma, also left the ongoing inquiry without the chairman’s permission while still under an obligation to testify. 

Batohi, who is believed to be in the Netherlands, did not respond to a request for comment.

She officially retired from her position as NDPP on January 30, 2026.

Zuma received a 15-month prison sentence after he walked out of the State Capture Commission during a tea adjournment, without permission from Chief Justice Raymond Zondo, following the dismissal of his recusal application against Zondo in November 2020.

The Constitutional Court found him guilty of contempt for defying a court order that compelled him to appear and testify before the commission on January 28, 2021.

The Nkabinde Inquiry was established in September 2025 after Batohi’s request to President Cyril Ramaphosa  to have Advocate Andrew Chauke, the head of the National Prosecuting Authority (NPA) in Gauteng, investigated.

During intense cross-examination by Advocate Tembeka Ngcukaitobi on December 15, 2025, Batohi informed the panel that she would not return after the lunch break, indicating that she was not prepared to continue until she received independent legal counsel, rather than being represented by the NPA’s legal team.

Although Nkabinde criticised her actions as disrespectful, Batohi denied that she had walked out or was “delinquent”, maintaining she was simply seeking legal counsel. 

The inquiry's spokesperson, Tiyisela Mpuzana, said Batohi remains under oath and her testimony has not been concluded, adding that the panel retains the authority to regulate and manage its own proceedings, including determining the manner and circumstances under which a witness continues to testify.

“It would be inappropriate to speculate further,” Mpuzana said. 

Politician and lawyer Zwelethu “Mighty” Madasa said there must be consequences against Batohi. 

“But the questions should also be raised about inconsistencies when dealing with problems and issues in the government -the selective justice, the untouchables and touchables, and how this is compromising the system of the administration of justice, which evidently, has been seriously compromised from these inquiries,” he said, adding that Batohi should be held accountable. 

Another legal expert, who asked for anonymity due to an ongoing case against the government, said the ConCourt judgment against Zuma is clear that anyone who refuses to appear before a commission is in contempt and should serve a jail term. 

The lawyer added that Nkabinde should approach the ConCourt and apply the jail term against Batohi. 

“The moment she is found guilty, it means she can be impeached. Remember that impeachment can take place even after retirement.”

Meanwhile, the NPA's head of communication, Bulelwa Makeke, said it would not be appropriate for the NPA to comment on any issues coming out of the inquiry, as it is currently underway.

“Any recommendations of the inquiry for action to be taken will be considered and acted on,” she said.

Cape Times