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Outgoing National Director of Public Prosecutions, Advocate Shamila Batohi.
Retired Justice Bess Nkabinde has granted a request from evidence leaders at the Nkabinde Inquiry to postpone proceedings until Thursday.
The delay will allow the panel to determine whether there is a conflict of interest in having outgoing National Director of Public Prosecutions, Advocate Shamila Batohi, represented by the NPA’s own legal team instead of her own legal counsel.
Batohi, who walked out during cross‑examination in December, has told the inquiry probing the fitness of suspended South Gauteng Director of Public Prosecutions, Advocate Andrew Chauke, that she is still unwilling to proceed without legal advice.
Evidence leaders also asked for additional time to secure more witnesses.
Evidence leader, Advocate Thembeka Skosana SC has argued that Advocate Batohi may not proceed with cross examination until the request for her legal counsel has been fully attended to.
“The bottom line of what we are saying as evidence leaders is that this matter must first be resolved first, and before any other matters are addressed. The first hurdle that we may go through is this issue of her obtaining legal counsel,” says Ngcukaitobi.
Nkabinde Enquiry | Batohi’s request for personal legal counsel denied:
https://www.youtube.com/watch?v=zzQLvPdlmxo
Batohi is now seeking assistance from the newly-appointed National Director of Public Prosecutions, Advocate Andy Mothibi, after her request for state-funded legal counsel was rejected by Justice Minister Mmamoloko Kubayi.
Batohi’s term officially comes to an end next week.
She has been asked to make a substantive application to the inquiry or to return to the minister and seek reconsideration.
The Nkabinde Inquiry is investigating the fitness of suspended South Gauteng Director of Public Prosecutions, Andrew Chauke, to hold office.
