Former NPA head Batohi withdraws from Chauke fitness inquiry

Shamila Batohi declined to complete testimony after the inquiry refused her request for legal counsel during cross-examination.

Former National Prosecuting Authority head Shamila Batohi has withdrawn from the inquiry examining whether Gauteng South director of public prosecutions Andrew Chauke is fit to hold office, following the inquiry's refusal to allow her legal representation during cross-examination.¹²³

In a letter to retired justice Bess Nkabinde, who chairs the proceedings, Batohi said she had decided not to return to the witness box. "I have carefully reflected on my position in these proceedings and, with full appreciation of the seriousness, have decided not to continue giving evidence before the inquiry," she wrote.¹² She described her decision as "considered and informed" and said it was "reached after significant thought and reflection".²³

Batohi was scheduled to inform the inquiry on Thursday whether she would resume her testimony.¹² She had abruptly halted her evidence in December during cross-examination, citing the need to consult with legal advisers.¹²³ The inquiry subsequently declined her request for legal counsel during cross-examination.³

While the inquiry's primary focus is Chauke's fitness to hold office, Batohi faced questions about her legal authority to review decisions made by her predecessors at the NPA.¹²

Following Batohi's withdrawal, evidence leaders at the inquiry closed their case and said they would not call further witnesses.³

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