Retired Justice Bess Nkabinde has postponed the Nkabinde Inquiry until Thursday to address concerns over Advocate Shamila Batohi's legal representation. The delay stems from Batohi's request for personal counsel, which was denied state funding, prompting her to seek help from the new National Director of Public Prosecutions. The inquiry is examining the fitness of suspended South Gauteng Director Andrew Chauke.
The Nkabinde Inquiry, tasked with assessing the fitness of suspended South Gauteng Director of Public Prosecutions Andrew Chauke to hold office, faced another setback on January 26, 2026. Retired Justice Bess Nkabinde granted a request from evidence leaders to postpone proceedings until Thursday, allowing time to resolve issues surrounding outgoing National Director of Public Prosecutions Shamila Batohi's legal representation.
Batohi, whose term ends next week, walked out during cross-examination in December and has refused to continue without independent legal advice. Her initial request for state-funded personal counsel was rejected by Justice Minister Mmamoloko Kubayi. Now, she is approaching the newly appointed National Director, Advocate Andy Mothibi, for assistance. The inquiry panel has advised Batohi to either submit a formal application or seek reconsideration from the minister.
Evidence leaders, including Advocate Thembeka Skosana SC, argued that Batohi cannot proceed with cross-examination until her counsel request is resolved. Advocate Tembeka Ngcukaitobi, representing Chauke, highlighted the prejudice caused by the delays. "The context must not be forgotten that we are dealing with a witness who’s taken into her own hands. The second issue is her unilateral action which impacts on my client who’s on suspension on baseless grounds. Whether he’s right or wrong, he’s entitled to a speedy determination of that question," Ngcukaitobi said.
Additionally, evidence leaders requested more time to secure witnesses, underscoring ongoing logistical challenges in the probe.
