Shamila Batohi
Image: Oupa Mokoena/Independent Newspapers
Shamila Batohi, the former National Director of Public Prosecutions, has officially declined to continue her testimony at the Nkabinde Inquiry.
In a sharply worded statement released on Thursday, Batohi cited concerns over procedural fairness and what she described as an inclination by the inquiry to unfairly question her credibility.
Batohi, who is currently out of the country, requested that her statement be read into the record by her legal representatives. She stated that her decision to stop testifying was "considered and informed," reached after "significant thought and reflection."
While acknowledging the importance of the inquiry's mandate, Batohi indicated that the circumstances of the proceedings had made her continued participation untenable.
Batohi's decision comes after the inquiry dismissed her application to consult her legal team while under cross-examination.
"As a matter of constitutional principle and procedural fairness, it would have been appropriate to allow Harris Nupen Molebatsi Attorneys (HNM) to consult with me... This is regrettably not possible in the light of the decision of the panel," Batohi stated.
Concluding her statement, Batohi sought to reassure the public that her withdrawal was not a dismissal of her responsibilities as the former NDPP.
"I wish to assure the people of this country, to whom I have been accountable as the NDPP, that I have at all times acted with integrity and bona fides in this process," she said.
Batohi was the one that pushed and initiated for the establishment of the inquiry which was set-up by President Cyril Ramaphosa to look into the fitness of suspended Director of Public Prosecutions for South Gauteng, advocate Andrew Chauke.
Batohi previously walked out of her cross-examination in December 2025, refusing to continue without legal counsel, which she stated was necessary to face questioning from Chauke's council.
Batohi, who lodged the original complaint against Chauke, testified between November and December 2025. However, the proceedings took a dramatic turn when she walked out from the inquiry while still being cross-examined, stating she was not prepared to continue without "good legal advice."
During a rigorous cross-examination by advocate Tembeka Ngcukaitobi on December 15, 2025, Batohi informed the panel that she would not return after the lunch break.
She stated that she was unwilling to continue until she received independent legal counsel, rather than being represented by the NPA’s legal team.
Batohi’s legal team, Harris Nupen Molebatsi Attorneys, sought a declaratory order stating that she does not require the panel’s consent to consult with them. Alternatively, she requested formal leave to consult, arguing that the enquiry’s natur - potentially impacting her constitutional rights and professional reputation - justified an exception to standard legal protocols.
Batohi, who served as NDPP since December 2018, has been at the centre of scrutiny over high-profile prosecutions and the handling of sensitive corruption cases during her term.
She officially retired from her role as NDPP on January 30, 2026.