Live: Nkabinde Enquiry: On the brink of collapse, Adv Batohi cannot continue, Witnesses problems

Описание: Adv Batohi cites legal reasons for her inability to continue with her evidence to the enquiry.

In the final rounds of cross-examination at the Nkabinde Inquiry, National Director of Public Prosecutions (NDPP) Adv. Shamila Batohi has been heavily scrutinized by Adv. Tembeka Ngcukaitobi, the legal representative for suspended DPP Andrew Chauke. Batohi made several concessions, admitted to not recalling certain details, and was challenged on the thoroughness of her initial assessment of the case against Chauke.
In essence, the cross-examination challenged Batohi's credibility and the foundation of her recommendation to the President, focusing less on whether she remembered something new and more on her alleged omissions, inconsistencies, and lack of direct engagement with critical evidence.

National Director of Public Prosecutions (NDPP)
Shamila Batohi was sternly reprimanded by Justice Bess Nkabinde, the chairperson of the inquiry into the fitness of Adv. Andrew Chauke, for discussing matters related to the inquiry's evidence and potential witnesses outside of the formal proceedings.
Justice Nkabinde highlighted the breach of established protocols, which prevent witnesses from discussing the case to maintain the integrity of the evidence presented under oath.
Key points from the reprimand:
Breach of Directive: Justice Nkabinde confirmed that Batohi had a discussion with Adv. Elaine Harrison (the KwaZulu-Natal DPP and a potential witness) the day before, despite explicit warnings given to all parties the previous week not to discuss the case.
"I asked for a report": When confronted, Batohi's defense was reportedly that she had simply asked for a report, which Nkabinde dismissed as inadequate justification.
"You know the rules": Nkabinde emphasized that Batohi, as a senior advocate and the head of the NPA, should be fully aware of the rules governing such inquiries and the proper procedure for handling evidence and interactions with other potential deponents. "We warned you last week, you are an advocate you know the rules, I cautioned you," Nkabinde stated, adding, "Yesterday you had a discussion with Adv Harrison, you can't say that you don't know, you are an advocate not a lay person".
Integrity of the process: The chairperson stressed that all interactions regarding the case should happen formally within the inquiry's structure to ensure transparency and fairness, a point which the panel had made clear to all participants.

This incident contributed to the highly tense atmosphere of the cross-examination, where Batohi was also grilled on other issues, including late disclosure of evidence and a separate claim that she had been told she would not be cross-examined at all, which Nkabinde also denied.

Also available on https://x.com/listen_pods