Why did Shamila Batohi abscond from her testimony at the Nkabinde Inquiry?

National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi has caused a stir at the Nkabinde Inquiry on Monday when she refused to return to the proceedings after a lunch break, saying she needed to consult legal counsel before continuing her testimony.

The drama unfolded as the inquiry reconvened and the chair sought to establish Batohi’s whereabouts.

“I think the best would be to ask my learned colleague who is leading the evidence to tell us where the witness is because the witness does not appear to have returned from lunch,” said cross-examiner Advocate Tembeka Ngcukaitobi. 

Advocate David Mohlamonyane, speaking on behalf of the evidence-leading team, confirmed that the NPA had informed them that Batohi wished to be excused from the proceedings to obtain legal advice.

When called back to the chamber, Batohi admitted she had decided independently not to return.

''I decided, Chairperson, that I was not going to come back, pending getting proper legal counsel,” she said. She insisted that her decision was a matter of personal integrity and did not seek prior permission from the panel.

“I wasn’t seeking permission that I decided I needed to do, because it is about me and my integrity,” she told the inquiry.

The panel members of the inquiry challenged Batohi, reminding her that although the Nkabinde Inquiry is not a formal court, her testimony was part of a process triggered by her own referral to the President.

“Because of an act of Parliament, we are not just here as a kind of court, where one can say, no I don’t, I’m not going to participate. We are here because you took time to write a letter to the President, and we fed the conduct or whatever of Advocate Chauke, and the President then constituted this inquiry, and you came here to testify,” the chair said.

She warned that simply walking out could be seen as disrespectful to Parliament.

Batohi defended her actions, saying she was not withdrawing from the inquiry but was unable to continue without proper legal advice.

“I’m not withdrawing, I’m not prepared to continue pending getting good legal advice, and that is why I thought it was my decision to decide not to continue,” she told the panel.

The chair also confirmed that Batohi had not requested to be excused before lunch, initially indicating she would return.

“When we adjourned for lunch, you did not request to be excused, is that correct?” the chair asked. Batohi admitted this was the case, later informing NPA representatives that she would not return. 

Justice Bess Nkabinde said Batohi was being disrespectful to the hearing. 

''I apologise for,  that was not my intention,'' said Batohi. 

Questions were raised about how the hearing could proceed under the circumstances. Referring to the decision to leave mid-testimony, it was noted that the witness remained under cross-examination and clarification was sought on when they would return. 

“When I get legal advice, I will know what to do,'' Batohi said. 

Justice Nkabinde then asked whether a formal application for a postponement was being made.

Batohi rejected this, saying, “No, Chairperson, I am not making any application.” Instead, Batohi explained that she was halting her testimony, stating, “I am for now stopping my testimony, pending legal advice.”

hope.ntanzi@iol.co.za

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