The inquiry into Gauteng NPA prosecutor Andrew Chauke has hit a snag as key witnesses withdraw and outgoing NPA head Shamila Batohi refuses to testify without legal representation. The panel, appointed at Batohi's urging, adjourned proceedings amid these setbacks. Chauke faces accusations of interfering in high-profile cases from 2012.
The Nkabinde Inquiry, tasked with assessing Gauteng National Prosecuting Authority (NPA) prosecutor Andrew Chauke's fitness for office, resumed in Pretoria on January 26, 2026, but quickly faced obstacles. Chaired by Judge Bess Nkabinde and assisted by advocate Elizabeth Baloyi-Mere and attorney Matshego Ramagaga, the panel was established by President Cyril Ramaphosa following a request from NPA head Shamila Batohi, who is set to retire at month's end.
Batohi attended the session but declined to take the stand, insisting on state-funded legal representation—a request denied by the Solicitor-General and Justice Minister Mmamoloko Kubayi. Her abrupt departure from proceedings in late 2025, after intense cross-examination, had already delayed the inquiry by five weeks. That exit followed the presentation of graphic video footage from a 2007 shootout involving the Cato Manor Unit, which Batohi said she had never seen before.
Chauke stands accused of political interference in laying racketeering charges against former KwaZulu-Natal Hawks head Johan Booysen and his Cato Manor Unit in 2012, as well as obstructing a case against ex-SAPS Crime Intelligence chief Richard Mdluli, now on parole. Evidence leaders, advocates Themba Skosana and David Mohlamonyane, reported that several witnesses had withdrawn. Former KwaZulu-Natal prosecutor Moipone Noko, who resigned in 2021, backed out despite earlier commitments, surprising the team.
"Days passed and I waited and followed up as much as I could. It was not coming through... On Thursday, to our greatest surprise, she informed me she was not prepared anymore to testify," Mohlamonyane told the panel. Similarly, ex-prosecutor Simphiwe Mlotshwa cited retirement and personal commitments, including training for the Comrades Marathon, as reasons for not providing a statement. Booysen is slated to testify only at the end of February, while no affidavits have been secured for the Mdluli matter.
Advocate Tembeka Ngcukaitobi, representing Chauke—who denies the allegations—opposed a requested week-long adjournment, calling Batohi's actions "delinquent" and her walkout a unilateral decision that harmed his client. The inquiry adjourned until Thursday to address these issues and new information, with new NPA head Andy Mothibi assuming office on February 2. Nkabinde urged the team to expedite witness consultations, warning that time was short.
