Batohi withdraws from Chauke fitness inquiry over legal representation

Former NPA head declined to complete testimony after request for counsel was denied during cross-examination in December.

Former National Prosecuting Authority head Shamila Batohi has withdrawn from an inquiry examining whether Gauteng South director of public prosecutions Andrew Chauke is fit to hold office, citing the absence of legal representation.¹²

In a letter to retired justice Bess Nkabinde, who chairs the inquiry, Batohi said she had "carefully reflected" on her position and decided not to return to the witness box to complete cross-examination.¹² "I wish to emphasise that I have taken this step on my own accord. It is a considered and informed decision, reached after significant thought and reflection, and it is not taken lightly," she wrote.¹²

Batohi was scheduled to inform the inquiry on Thursday whether she would resume testimony.¹² In December, she abruptly halted her evidence during cross-examination, stating she had elected not to continue without legal representation.¹²

While the inquiry's primary focus is Chauke's fitness to hold office, Batohi faced questions during her testimony about her legal powers to review decisions made by her predecessor.¹²

Chauke, appointed director of public prosecutions in 2011, is accused of supporting racketeering charges without evidence against former KwaZulu-Natal Hawks head Major-General Johan Booysen in 2012.¹² The charges were authorised by Nomgcobo Jiba, according to the sources.¹