The inquiry into suspended Johannesburg prosecutions chief Advocate Andrew Chauke has dismissed a bid by National Prosecuting Authority (NPA) head Advocate Shamila Batohi to deliver her evidence without breaks, underscoring its intention to maintain full control over the hearing’s structure.
The proceedings, overseen by retired Justice Bess Nkabinde, began on Monday after an extended delay. The start was pushed back by nearly three hours to allow the parties to discuss procedural arrangements, highlighting early tensions and the high-stakes nature of the inquiry.
Advocate Chauke was suspended in July after Batohi lodged a formal complaint with President Cyril Ramaphosa regarding his conduct and fitness to remain in office. The president subsequently authorised the inquiry to determine whether Chauke should continue in his role as Johannesburg’s Director of Public Prosecutions.
Once the session commenced, evidence leader Advocate David Mohlamonyane formally raised Batohi’s request to present her testimony without interruptions. Such a format would have meant an extended, continuous session, an unusual step in formal inquiries, where breaks and procedural pauses are standard practice.
Justice Nkabinde rejected the proposal, stressing that the structure and tempo of the inquiry remain the panel’s sole responsibility. She noted that while Batohi is expected to provide testimony when summoned, she cannot prescribe how the proceedings should unfold.
“It is not for Advocate Batohi to decide how we are going to proceed in this enquiry,” Nkabinde said. “When she is called to testify, she will come and testify. What will then happen at the end of her testimony will be decided at that stage.”
The ruling appears to reinforce the inquiry’s determination to maintain impartiality and procedural fairness as it examines allegations against one of the country’s most senior regional prosecutors. It also signals that even the head of the NPA must adhere to the inquiry’s rules, despite her pivotal role in initiating the complaint.
As the hearings progress, the inquiry’s decisions, including its stance on requests such as NPA head Batohi's request for uninterrupted testimony rejected at Chauke inquiry, will likely set the tone for what is expected to be a closely watched test of accountability within South Africa’s prosecutorial leadership.
