A tense cross-examination dominated the proceedings at the Nkabinde Inquiry on Thursday as National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi was grilled by Advocate Tembeka Ngcukaitobi.
Ngcukaitobi, who is representing suspended South Gauteng Director of Public Prosecutions Andrew Chauke, poked holes into Batohi’s testimony.
Batohi was confronted over what he described as inconsistencies in her testimony regarding a review conducted by National Prosecuting Authority (NPA) adviser Dr David Broughton.
Misleading inconsistencies
He accused her of misleading the panel by claiming Broughton had not expressed views on the Mdluli case.
“I will argue that you have lied in your evidence. Because Broughton had addressed the matter extensively,” Ngcukaitobi said.
Batohi firmly rejected the argument, insisting she had no reason to lie. She added that her understanding was that Broughton had made no recommendations.
She maintained that she had summarised only the key aspects of his work and had not intentionally omitted information.
The cross-examination then shifted to the inquiry’s terms of reference, which Batohi had recommended to President Cyril Ramaphosa.
Ngcukaitobi challenged her earlier claim that the final terms differed from drafts submitted by her office. He argued that they were identical.
Ngcukaitobi accused Batohi of seeking to distance herself from the draft that she sent to the president.
Focus on drafts, terms of reference
However, according to Batohi, multiple drafts had been prepared. She had been referring to another version.
Ngcukaitobi further asked Batohi why the terms of reference did not explicitly state that Chauke may have exceeded his authority in the Booysen matter.
“Please point us to the passage that states that Mr. Chauke acted in excess of his authority,” he said.
Batohi acknowledged that the phrase did not appear verbatim. But she argued that the implication was clear in the accompanying documents.
When asked why the wording had not been included, Batohi said she does not know.
“I don’t know. If it’s a mistake, it doesn’t mean the inquiry should not be constrained,” she responded.
Mistakes in the drafting of report
“So, you see this inquiry as also fixing your mistakes, oversights and sloppiness in drafting?” Ngcukaitobi asked.
Batohi refused to engage with the remark.
“That is your comment. We can agree to disagree.”
The inquiry is investigating Chauke’s fitness to hold office over his handling of several high-profile prosecutions. These include matters involving former KwaZulu-Natal Hawks head Johan Booysen and former crime intelligence boss Richard Mdluli.
