WATCH | Batohi’s testimony continues as Inquiry probes Chauke’s fitness to hold office

National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi continues her testimony on Tuesday at the Nkabinde Inquiry, which is probing the fitness of Deputy Director of Public Prosecutions (DPP) Advocate Andrew Chauke to hold office.

On Monday, Batohi told the inquiry that it was unlawful for Chauke to pressure former Acting KwaZulu-Natal DPP Advocate Cyril Mlotshwa to sign an indictment in the Booysen matter without being provided with the supporting evidence.

She said Mlotshwa repeatedly asked for the documentation but was bypassed by the prosecution team, who reported directly to Chauke.

Nkabinde Inquiry spokesperson Tiyisela Mpuzana said Monday’s sitting proceeded smoothly, with substantial progress made in leading the testimony.

Testifying before the Nkabinde Inquiry, Batohi told the panel that emails, affidavits, and documents before the inquiry point to prima facie interference in prosecutorial decision-making—an issue central to the inquiry’s mandate.

The inquiry is assessing Chauke’s fitness to hold office, with testimony led by Evidence Leader Advocate David Mahlomanyane.

Batohi explained that an indictment must outline charges and be accompanied by substantial factual evidence, something Mlotshwa repeatedly said he had not been given. Despite his requests, the prosecution team bypassed him and reported directly to Chauke, leaving him without access to crucial documentation.

The inquiry heard that Mlotshwa refused to sign the indictment emailed to him on 12 June 2012, warning that doing so without verifying the evidence would be unlawful.

Batohi also flagged Chauke’s suggestion that he could escalate the matter to the Acting NDPP and the Minister, an intervention she described as problematic, given that the Minister has no role in prosecutorial operations.

Mlotshwa was removed as Acting DPP on 9 July 2012, and Advocate Moipone Noko was appointed shortly thereafter.

The following day, a racketeering authorisation application bearing Chauke’s name was submitted to the NPA’s VGM offices; however, documents were unsigned, and the 2012 racketeering file could not be located.

Evidence from Advocate Anthony Mosing confirmed he received an unsigned racketeering application and related documents from the South Gauteng office around the same time.

Batohi told the panel she does not know whether Mlotshwa ever received the prosecution memorandum and said she will later explain how the racketeering authorisation ultimately came to be signed.

hope.ntanzi@iol.co.za

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