Nkabinde Inquiry Stalls as Key Witnesses Hesitate to Testify

• The inquiry into suspended Johannesburg DPP Andrew Chauke stalled on Monday
• Key witnesses refused to testify, and outgoing NPA head Shamila Batohi declined to take the stand without legal advice
• Evidence leaders reported poor cooperation, and the panel may seek an extension from President Cyril Ramaphosa

GAUTENG- The inquiry into suspended Johannesburg Director of Public Prosecutions Andrew Chauke hit another setback on Monday after key witnesses grew reluctant to testify and outgoing NPA head Advocate Shamila Batohi again declined to take the stand.

The inquiry resumed on Monday, 26 January 2026, but failed to make any progress after outgoing National Prosecuting Authority (NPA) head Advocate Shamila Batohi declined to testify until she had obtained legal advice.

According to Eyewitness News (EWN), the inquiry panel was also told that evidence leaders are struggling to secure the co-operation of several key witnesses, particularly in relation to matters involving former KwaZulu-Natal Hawks head Johan Booysen and the disbanded Cato Manor unit.

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Reluctant witnesses

Advocate David Mohlamonyane, one of the inquiry’s evidence leaders, cited the unavailability of former KwaZulu-Natal NPA head Cyril Mlotshwa as an example of the growing challenges.

“He is preparing for the Comrades Marathon, he has registered for a master’s degree at a university in KwaZulu-Natal, and he is now in private practice as a member of the Pietermaritzburg Bar. His hands are full, and he will not be able to assist,” Mohlamonyane told the inquiry.

Batohi's attendance remains uncertain

Batohi has accused Chauke of making politically motivated prosecutorial decisions, but she refused to resume her testimony after abandoning it ,saying she required legal counsel before proceeding. Controversy arose during the NDDP’s testimony on Monday, 15 December 2025, when Batohi refused to return to the proceedings after a lunch break. Upon her return, Batohi announced she would not be continuing with procedings until she had consulted with a legal representative.

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Evidence leaders asked for a week to resolve the difficulties around witness availability and Batohi’s legal representation, but the panel granted them only until Thursday. With the inquiry running behind schedule, they are expected to approach President Ramaphosa for an extension.

3 Briefly articles on the NPA

• Shamila Batohi told Parliament’s Ad Hoc committee that the National Prosecuting Authority (NPA) takes full responsibility for how the prosecution of televangelist Timothy Omotoso ultimately failed in court. Despite acknowledging the setback, she urged South Africans not to judge the entire prosecuting authority based on this one case and stressed the need to strengthen prosecutorial processes.
• The KwaZulu‑Natal head of the National Prosecuting Authority, Advocate Elaine Harrison, told the Madlanga Commission of Inquiry that she wasn’t formally informed about the disbandment of the Political Killings Task Team (PKTT) and only learned of it through social media.
• National Director of Public Prosecutions Advocate Shamila Batohi marked six years in office without securing any high‑profile convictions, drawing criticism from many South Africans who said they were unsurprised by the lack of major prosecutorial wins.

Previously, Briefly News reported that President Cyril Ramaphosa suspended South Gauteng Director of Public Prosecutions Advocate Andrew Chauke pending an inquiry into his fitness to hold office on 21 July 2025. The suspension follows serious accusations about Chauke’s conduct that, according to the presidency, could damage the reputation and effectiveness of the National Prosecuting Authority if he remained in his post.

Source: Briefly News