By: Xolani Khumalo
The uMkhonto weSizwe Party has formally written to Elizabeth Nkabinde, chairperson of the inquiry into Advocate Andrew Chauke’s fitness to serve, urging immediate steps to secure the attendance of former National Prosecuting Authority (NPA) National Director, Shamila Batohi.
Batohi, who initially requested the establishment of the inquiry, has since withdrawn from testifying on a permanent basis. Her decision follows a protracted legal dispute over her entitlement to independent legal representation during the proceedings, which has delayed the inquiry for several months.
The party contends that Batohi’s withdrawal, after she had already delivered portions of her testimony raises serious concerns about procedural fairness. In particular, it argues that her absence denies other parties the opportunity to subject her evidence to cross-examination, a cornerstone of due process in quasi-judicial proceedings.
In its correspondence, the party calls on Nkabinde to consider issuing a subpoena to compel Batohi’s return to the witness stand. It has further urged the inquiry to explore the possibility of making adverse findings against her should she fail to comply, and to consider whether her conduct warrants a separate investigation.
The party has cautioned that the integrity and credibility of the inquiry may be significantly compromised if the matter is not addressed decisively. It added that public confidence in the NPA and in oversight processes more broadly could be eroded if key witnesses are perceived to be able to withdraw without consequence.
