‘Affront to Rule of Law’: Parliament condemns NDPP Shamila Batohi's conduct during Nkabinde Inquiry
NDPP Shamila Batohi’s abrupt departure from the Chauke presidential enquiry drew sharp criticism from Parliament. The committee stresses that accountability and full participation are essential to uphold the NPA’s integrity and public trust..
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The Chairperson of the Portfolio Committee on Justice and Constitutional Development, Xola Nqola, has condemned the reported conduct of the National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, during her testimony at the presidential enquiry into the fitness to hold office of Advocate Andrew Chauke.
This comes after Batohi caused a stir at the Nkabinde Inquiry when she refused to return to proceedings after a lunch break, saying she needed to consult legal counsel before continuing her testimony.
“Reports detailing her abrupt departure and subsequent refusal to continue testimony without consultation, despite being on the witness stand, are deeply troubling.
''It constitutes an unacceptable disregard for the principles of accountability and respect for due process,” Nqola said.
He described the NDPP’s behaviour at the formal presidential enquiry as “nothing short of an affront to the rule of law and the constitutional mandate of her office.”
He emphasised that the National Prosecuting Authority (NPA) is the cornerstone of South Africa’s criminal justice system, and its leadership must at all times exemplify “the highest standards of integrity, professionalism and commitment to justice.”
Nqola stressed that no one is above the law or beyond accountability. “This includes the most senior office-bearers in institutions established to uphold justice,” he said.
The enquiry, established by President Cyril Ramaphosa on September 29, 2025 and chaired by retired Justice Bess Nkabinde, investigates serious allegations concerning Adv Chauke’s fitness to serve as South Gauteng Director of Public Prosecutions.
Chauke was suspended with full pay from 20 July 2025 pending the enquiry.
Nqola said the enquiry serves a vital constitutional function to restore public trust in the prosecuting authority.
“Any attempt by a key witness, especially the head of the institution under scrutiny, to impede or disrupt its proceedings or evade cross-examination is an act of institutional disrespect that cannot be tolerated. It sends a profoundly damaging message to the public and the dedicated public servants within the NPA.”
He reminded the NDPP that her office is “a creature of the Constitution, vested with significant public trust. Accountability is not optional. It is the fundamental precondition for the NPA’s legitimacy and independence.”
Nqola said the committee would engage with the Minister of Justice and Constitutional Development and relevant authorities to ensure full cooperation with the enquiry.
He called on the NDPP to “immediately recommit to full and transparent participation in the Chauke enquiry and to act in a manner befitting the gravity of her office. No attempt to evade accountability will be allowed to stand.”
The enquiry was adjourned on Monday, December 15, 2025 and is scheduled to resume on 26 January 2026.
“The NDPP excused herself from the ongoing cross-examination without submitting a formal application for excusal to the Panel. This affected the planned schedule and sequence of witnesses,” said Tiyisela Mpuzana, spokesperson for the enquiry.
A revised schedule of remaining witnesses will be submitted to the Panel, which may also request an extension of the enquiry’s original four-month timeframe, he said.
''The parties also agreed that the interlocutory application brought by the NPA for the amendment of the Terms of Reference “will be dealt with by the Panel without a need for oral argument,” said Mpuzana.
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