South Africa's chief prosecutor Shamila Batohi halted her testimony at an inquiry investigating whether Johannesburg's top prosecutor is fit for office on Monday, leaving the proceedings in limbo after a tense exchange with the inquiry chair.
Batohi, the National Director of Public Prosecutions, did not return to the witness stand after a lunch break and later confirmed the decision not to continue was hers alone. She said she would not resume testifying until she had obtained legal advice.
The controversy arose during Batohi's testimony when she mentioned that she had spoken to KwaZulu-Natal Director of Public Prosecutions Elaine Harrison over the weekend about a decision to withdraw prosecution in one of the Cato Manor Unit cases, which is central to the inquiry.
Retired Justice Bess Nkabinde, who is chairing the inquiry, reprimanded Batohi for speaking to a potential witness about matters being investigated.
Nkabinde accused Batohi of being "totally disrespectful" to the hearing after she left the chamber without permission following the lunch adjournment.
"Today, you decided to be totally disrespectful to this hearing, not only to us, but to everybody present," Nkabinde said, according to proceedings.
Batohi apologised for her conduct but maintained she was not withdrawing from the inquiry entirely. "I am not withdrawing; I am for now stopping my testimony, pending legal advice," she said.
The panel reminded Batohi that this inquiry exists because she herself had written to President Cyril Ramaphosa, triggering the process that led to this hearing.
The inquiry is examining whether suspended South Gauteng Director of Public Prosecutions Andrew Chauke is fit to hold office. Ramaphosa suspended Chauke in July 2025 after Batohi referred allegations against him, including that he had protected high-profile individuals and made politically motivated prosecutorial decisions.
The inquiry concerns two broad complaints against Chauke: his role in the racketeering prosecution of former KwaZulu-Natal Hawks head Johan Booysen and members of the Cato Manor Unit, and his decision to discontinue murder charges against former crime intelligence boss Richard Mdluli.
Over the past two weeks, Batohi has been pressed by panel members to substantiate her allegations against Chauke. Chauke's legal representative, Advocate Tembeka Ngcukaitobi, has challenged Batohi's credibility throughout the proceedings.
The inquiry was left in limbo, with Batohi still under cross-examination and declining to say when she would return to the witness stand.
Batohi's term as National Director of Public Prosecutions is set to end in early 2026.
