Chauke probe’s ‘collapsed’ witness list and Shamila Batohi’s controversial exit

Towards the end of 2025, outgoing National Prosecuting Authority (NPA) head, advocate Shamila Batohi, suddenly walked out of the inquiry into Gauteng NPA boss, advocate Andrew Chauke’s fitness to hold office.

Batohi’s exit was surprising since it was at her insistence that President Cyril Ramaphosa appointed the panel, headed by Judge Bess Nkabinde, assisted by advocate Elizabeth Baloyi-Mere and attorney Matshego Ramagaga, to hear evidence against Chauke.

On Monday, 26 January, Batohi, still the incumbent NPA leader until the end of the month, was present at the resumption of the inquiry in Pretoria but did not take the stand.

Read more: Shamila Batohi drifts into 2026, retirement and choppy waters following Nkabinde Inquiry

Chauke is accused of politically interfering in the institution of racketeering charges against the former KwaZulu-Natal head of the Directorate for Priority Crimes Investigation Johan Booysen and the Cato Manor Unit in 2012.

The prosecutor has also been accused of thwarting a case against former head of SAPS Crime Intelligence Richard Mdluli, who is out on parole after serving time for kidnapping, assault and intimidation.

Legal representation

Batohi has requested state-funded, private legal representation for the Nkabinde Inquiry, which has been denied by the Solicitor-General and Justice Minister Mmamoloko Kubayi.

Advocate Garth Hulley, who previously advised Batohi as head of the NPA, said this now presented a potential conflict of interest as advocate Andy Mothibi, the newly appointed head of the NPA, would take office on Monday, 2 February.

Evidence leaders this week requested a week-long adjournment to consult with and try to pin down evasive witnesses, as well as to consider “new information”.

The inquiry was adjourned until Thursday.

Collapsing witnesses

The panel learnt that witnesses who had been requested to provide statements in regard to the institution of racketeering charges against Booysen and the Cato Manor Unit had pulled out or been reluctant to give up their time.

These included the former KZN prosecutor, advocate Moipone Noko, whom Booysen accused of withdrawing charges against Durban businessman and Zuma family associate Thoshan Panday and his co-accused, Colonel Navin Madhoe. Noko resigned in 2o21 after being transferred to North West.

Inquiry evidence leaders, advocates Themba Skosana and David Mohlamonyane, explained that witnesses lined up in the Cato Manor matter had “collapsed”.

Former prosecutor, advocate Simphiwe Mlotshwa, had also reported back that he was unable to provide a statement. In 2012, Mlotshwa refused to sign the indictment against the Cato Manor Unit.

Skosana added that Booysen was only available to give evidence at the end of February. The former top cop had prepared draft statements while his lawyer was working on the final document, the panel heard.

“He is prepared to testify. He does not want to be seen as recalcitrant. The Danikas clips that were flighted on air paints a bad picture and he wanted to deal with that fully and decisively in his affidavit,” said Mohlamonyane.

Mohlamonyane told the panel that he had consulted “with high-ranking officials”, including Noko, who had undertaken to provide a statement.

“Days passed and I waited and followed up as much as I could. It was not coming through, not coming forward, right up to last week. On Thursday, to our greatest surprise, she informed me she was not prepared anymore to testify.”

This was an unexpected turn of events, he added.

Stance unchanged

Mohlamonyane informed the panel that the team had received communication from Batohi that her stance remained unchanged with regard to resuming her evidence.

He reminded the panel that evidence leaders did not represent the NPA or Batohi but were there to place evidence before the panel.

Advocate Tembeka Ngcukaitobi, for Chauke, opposed the application for postponement, arguing that Batohi should not be rewarded for her “delinquent” behaviour, walking out on the panel without permission. Chauke has denied interfering in the prosecutions.

Unilateral decision

“Although we are demanding her access to legal representation, the context must not be forgotten. We are dealing with a witness who has taken the law into her own hands,” said Ngcukaitobi.

She had taken “unilateral decisions” which had impacted on his client, who believed his suspension was “wrongful”. Batohi’s “absconding” from the inquiry on 15 December had already cost the inquiry five weeks, he said.

Skosana took the panel through the legal quagmire that threatens to stall the inquiry. He said that because Batohi, theoretically, was still the NPA head, the legal code of practice prevented the team from consulting with her while she remained under cross-examination.

Batohi had also been concerned about her legal rights “in light of how the cross-examination unfolded” in December.

Graphic footage

The surprise walkout by Batohi occurred after she had faced intense cross-examination by Ngcukaitobi about her decision to withdraw charges against Booysen and the unit.

At the end of 2025, it was clear that Batohi was struggling to grasp issues of great significance that had occurred under her predecessors, including advocates Nomgcobo Jiba, Mxolisi Nxasana and Shaun Abrahams.

In December, Ngcukaitobi introduced to the inquiry graphic video footage taken by police reservist Aristeidis Danikas at an armed robbery shootout with members of the Cato Manor Unit at a house in Queensburgh in 2007.

Danikas, a Greek citizen, had previously placed the footage on YouTube. Batohi told the commission she had never seen this evidence before.

Nkabinde abruptly adjourned proceedings at that point as “so much has left hanging”. When she returned, Batohi refused to resume testimony.

Mdluli’s ghost

The panel heard on Monday that the evidence-gathering team had not yet secured any affidavits with regard to the Mdluli matter. Nkabinde chastised the team for not embarking on earlier consultations with witnesses.

“Time is not on our side,” Nkabinde warned.

Mlotshwa, while initially prepared to testify, said he had retired and no longer had access to his files, and besides, he was now working privately while continuing his studies and preparing for the Comrades Marathon.

“His hands will be full,” said Skosana.

Other witnesses who were also due to testify include KZN Directorate for Priority Crimes Investigation head Nhlanthla Mkwanazi and advocate Shireen Naidoo, who withdrew the racketeering charges against Booysen. DM