Batohi reprimanded by Nkabinde over conduct at inquiry


National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, has been reprimanded by the chairperson of the Nkabinde Enquiry.

Justice Bess Nkabinde rebuked Batohi over what she described as disrespectful conduct during proceedings.

The enquiry is looking into the fitness of suspended South Gauteng Director of Public Prosecutions, Advocate Andrew Chauke, to hold office.

Batohi did not return after the lunch adjournment while still on the witness stand after intense cross-examination by Chauke’s counsel, Advocate Tembeka Ngcukaitobi.

She was later called back by the commissioners, whom she informed that she wished to return next year, saying she needed to consult with her legal team.

“You told him to tell us, not so?” says Nkabinde.

“Chairperson, I will not be shouted at here. I’m trying really to help,” says Batohi.

“You have been totally disrespectful to everybody,” says Nkabinde.

“Well, I apologise then, Chairperson,” says Batohi.

“We have been so patient with you disrespecting almost everybody. And this has gone into the record. We’ve been so patient with you,” says Nkabinde.

“It’s not the sense I get, but it’s fine,” says Batohi.

“Well, the record will speak for itself,” says Nkabinde.

“Indeed,” says Batohi.

“It has spoken for itself. And today, you decided to be totally disrespectful to this hearing,” added Nkabinde.

Meanwhile, Batohi, has said her vague account of some of the events involving former Major General Johan Booysen and the Cato Manor Unit is due to a considerable time gap.

Earlier, Chauke’s counsel, Advocate Tembeka Ngcukaitobi, accused Batohi of lying about her knowledge of Booysen facing charges beyond racketeering.

Ngcukaitobi has suggested that Batohi has been deceptive in her testimony.

“You have done this so many times that you never give straight answers,” he says.

“The answer for that is because I’m trying to cast my mind back seven years, and it’s not easy to do that. So that is the only reason why I’m answering in this way. It is because I’m trying to understand what happened at the time,” says Batohi.

“Yes, the problem with that stance is that there are other facts that you can answer clearly, and there are inconvenient facts where you become shifty,” says Ngcukaitobi.

“I’ve got no comment on that,” adds Batohi.

Ngcukaitobi has also accused Batohi of shifting responsibility to her subordinates, including suspended Advocate Andrew Chauke.

Advocate Ngcukaitobi was referring to her alleged failure to act on the Cato Manor police unit video that former police reservist Aristides Danikas had filmed.

It showed a wounded man lying on the floor pleading for medical assistance before Major-General Johan Booysen and members of the unit allegedly left him to die.

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