Nkabinde Inquiry blocks Batohi’s attempt to submit written evidence
· Citizen
Former National Director of Public Prosecutions (NDPP) Shamila Batohi has been refused permission to place written submissions before the Nkabinde Inquiry, marking another setback in proceedings that have already drawn public attention.
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Batohi had walked out of the inquiry, chaired by retired judge Bess Nkabinde, during her testimony in December 2025.
The incident attracted widespread criticism, culminating in a public apology before she retired from office in January this year.
She subsequently made her withdrawal official in April, when she wrote to Nkabinde confirming that she would no longer participate in the proceedings.
Nkabinde Inquiry rejects Batohi request
On Friday, 13 June 2026, the inquiry – tasked with assessing the fitness to hold office of suspended Johannesburg Director of Public Prosecutions (DPP) Andrew Chauke – stated that Batohi had formally requested permission to file written submissions intended for inclusion in the official inquiry record.
The request was made in relation to her earlier incomplete testimony.
The panel rejected the request, stating that Batohi had already been given sufficient opportunity to present her version of events during oral testimony.
It further held that reopening the matter through written submissions would create procedural unfairness, particularly for Chauke, who would not be able to challenge the additional material through cross-examination.
“Following a careful evaluation of the application, the answering affidavits, and the applicable legal framework governing these proceedings, the panel has denied the application and declined to grant leave for the written submissions to be admitted into the record.
“The detailed legal reasoning, structural rules of evidence, and parameters of procedural fairness informing this outcome are fully detailed in the actual ruling document made available alongside this media statement.”
Despite the dispute, the inquiry confirmed it remains on track to finalise its report within the required timelines for submission to President Cyril Ramaphosa.
Chauke’s testimony
Chauke testified in March, accusing Batohi of presiding over a leadership environment that disproportionately targeted black prosecutors.
He testified that he, along with five other black prosecutors, had been subjected to disciplinary processes during her tenure.
“Yeah, of course. It’s a warning trend, and I take it that each has their own style of management or expectations for some of the background information that they will have.
“But unfortunately, in this instance, it looks like the real people who had a problem rather these so-called black prosecutors,” he said.
The inquiry into Chauke’s fitness to hold office is examining allegations relating to his prosecutorial decisions, including the discontinuation of murder charges against former Crime Intelligence head Richard Mdluli.
That matter remains part of the wider set of issues triggered by a complaint previously lodged by Batohi.