Advocate Moipone Noko has confirmed that she will indeed testify at the Nkabinde Inquiry. (Photo: Netwerk 24) 
The extension was sought after endless stalling caused by witness delays and outgoing head of the National Prosecuting Authority (NPA) Shamila Batohi’s surprise walkout in December.
While the inquiry was due to wrap up on 30 January 2026, the new date set for finalisation is 30 June. Nkabinde made the announcement on Thursday.
After her walkout, Batohi refused to continue her cross-examination without legal representation. The inquiry was established in September 2025 by the president at her insistence, and was sluggish out of the starting gates.
Chauke is accused of allegedly interfering in the prosecutions of former KwaZulu-Natal head of the Directorate for Priority Crime Investigation (the Hawks) Johan Booysen, and former Crime Intelligence head Richard Mdluli.
Batohi leaves office on Monday when new NPA head, advocate Andy Mothibi, begins his term.
Noko will appear
Advocate Tembeka Ngcukaitobi, appearing for Chauke, informed the panel on Thursday, 29 January, that former KwaZulu-Natal prosecutor, advocate Moipone Noko, would indeed be willing to testify.
Earlier in the week evidence leaders advocates Themba Skosana and David Mohlamonyane had explained that some witnesses lined up in the Cato Manor matter had “collapsed”. This included Noko, whom they claimed had failed to respond to communication from the team.
However, Ngcukaitobi said that Noko had contacted him afterwards disputing this and had offered to testify. An application for her to be called as a witness by Chauke was not opposed.
Noko has been accused by Booysen of withdrawing charges against former president Jacob Zuma family associate Thoshan Panday and his co-accused Colonel Navin Madhoe. She resigned in 2o21 after being transferred to North West province.
/file/dailymaverick/wp-content/uploads/Des-panday-court.jpg "Aswin Narainpershad (in a wheelchair), Thoshan Panday, Navin Madhoe and Mmamonnye Ngobeni. (Photo: Des Erasmus)")
Blue ticked
Nkabinde, assisted by advocate Elizabeth Baloyi-Mere and attorney Matshego Ramagaga, heard that another witness, advocate Shareen Riley, had still not submitted a statement.
Riley, who was part of a panel of advocates appointed by Batohi and including Rodney de Kock and Ivy Thenga, had not responded to requests for a statement, the panel heard.
She is the current Deputy Director of Public Prosecutions for the Western Cape.
“Unfortunately she did not return calls made to her either by WhatsApp or telephone calls. As matters stand she had not made contact to date,” said Mohlamonyane.
The De Kock report, as it became known, investigated the “Cato Manor/Booysen saga” and found that NPA prosecutors had “conspired” to charge Booysen and the unit.
Batohi’s dilemma
Batohi, who was due to call a media conference on Friday, requested state-funded, private legal representation that was declined by the solicitor-general and Justice Minister Mmamoloko Kubayi.
Because Batohi theoretically was still the NPA head until Monday, 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.
/file/dailymaverick/wp-content/uploads/2025/10/ThammCatomanor-copy.jpg "Illustrative image, from left: Suspended South Gauteng Director of Public Prosecutions Andrew Chauke. (Photo: X) | Former National Prosecuting Authority head Shaun Abrahams hugs his predecessor, Nomgcobo Jiba. (Photo: Gallo Images / The Times / Alon Skuy) | Former head of the Durban Organised Crime Unit Major-General Johan Booysen. (Photo: Gallo Images / The Times / Alon Skuy) | The late South African ambassador to France and former police minister Nathi Mthethwa. (Photo: Gallo Images / Darren Stewart)")
At the end of the year it was that clear Batohi struggled to hold on to 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.
This is the footage Danikas, a Greek citizen, had placed on YouTube and that Batohi had told the commission she had not seen before.
With regard to Booysen, Mohlamonyane said the former general had indicated he was prepared to testify but would only be able to do so at the end of February.
“He is prepared to testify. He does not want to be seen as recalcitrant. The Danikas clips that were flighted on air paint a bad picture and he wanted to deal with that fully and decisively in his affidavit,” said Mohlamonyane.
Other witnesses who are also due to testify include KZN DPCI head Nhlanhla Mkhwanazi. DM