Legal experts criticise NDPP Shamila Batohi's abrupt exit from Nkabinde inquiry, raising accountability concerns
National Director of Public Prosecutions Shamila Batohi has been criticised for walking out of the Nkabinde inquiry without prior permission and while under cross-examination.
Image: Oupa Mokoena/Independent Newspapers
Legal experts have criticised National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi, saying her conduct has tainted her reputation and the integrity of her office in the eyes of the public.
They believe the National Prosecuting Authority (NPA) was already seen as an organisation plagued by incapacity and her conduct reinforced that view. Batohi walked out of the Nkabinde Inquiry that is investigating the fitness of Advocate Andrew Chauke to hold office.
She left without even informing the chairperson of the commission, which led to the commission summoning her back and sparking a tense exchange between her and the leader of the inquiry. Her departure came after her public stature as the chief prosecutor of the country had taken a beating as she struggled to answer questions under intense cross-examination. She abandoned the commission, arguing that she needed to consult with her lawyers.
Dr Suhayfa Bhamjee, senior lecturer in Criminal Law at the University of KwaZulu-Natal, said the dramatic walkout by Batohi during the Nkabinde Inquiry has sparked intense debate about accountability at the highest levels of the justice system. She said Batohi’s decision to leave mid-testimony – without seeking permission and while still under oath – was not just a procedural misstep; it raises profound questions about the integrity of the office she holds.
“Batohi’s conduct was deeply troubling. The inquiry was convened to examine serious allegations against Advocate Andrew Chauke, and Batohi was a central witness. Her abrupt departure undermined the inquiry’s ability to test her evidence under cross-examination, which is critical for establishing credibility.
“While she claimed the decision was about her ‘integrity’, the optics suggest the opposite: a disregard for due process and constitutional accountability. For the head of the NPA - a body that demands transparency and adherence to the rule of law - this is unacceptable,” she said.
She said the conduct had serious consequences. “While one individual’s actions should not define an entire profession, the reality is that leaders set the tone from the top. When the head of the NPA – an institution that embodies prosecutorial independence – appears reluctant to submit to scrutiny, it sends a troubling signal to those further down the chain.
“The NPA is the cornerstone of our criminal justice system, and any perception of evasiveness at its highest level risks eroding public trust and undermining confidence in the profession as a whole.”
Zincedile Tiya, the secretary-general of the National Association of Democratic Lawyers, expressed extreme disappointment in how the top prosecutor has handled herself, believing it has brought the legal profession into disrepute.
“As the leading prosecutor, her behaviour during the proceedings is not acceptable. She walked out during cross-examination, which is particularly concerning given her position. She is supposed to be able to account to the country, especially since this commission was set up on behalf of the nation.
“The matter she walked out on has brought the legal profession into disrepute. Whether we are lawyers or prosecutors, we are all in the same profession. For her to walk out is a serious concern.
“Remember that the organisation is already under scrutiny; the public’s concerns are that the organisation under her leadership does not know what it is doing. You can see that from the Omotoso rape case, which has left the public shocked that such a case could see someone go scot-free.”
Tiya said it cannot be that the most senior prosecutor in the country can go to the inquiry and tell the commission an answer like, “I do not know”.
“It would have been better if this had been a junior prosecutor who does not understand the dynamics. This is especially disappointing for us, as we had supported her appointment.
Approached for comment, a representative of the Legal Practice Council said the office was closed for the festive season. The representative added that it would be difficult for the Council to provide comment while the inquiry was still underway and when all the facts are not yet available.