Batohi Grilled Over ‘State Capture’ Remarks Against Chauke As Nkabinde Inquiry Intensifies

National Director of Public Prosecutions (NDPP) Shamila Batohi came under heavy fire at the Nkabinde Inquiry after being accused of trying to “poison the atmosphere” and create a misleading perception of Gauteng Director of Public Prosecutions (DPP) Advocate Andrew Chauke.

The charge was levelled during Batohi’s cross-examination by Chauke’s legal representative, advocate Tembeka Ngcukaitobi, on Monday. The inquiry, chaired by retired Judge Bess Nkabinde, is probing Chauke’s fitness to remain in office following a formal complaint lodged by Batohi.

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Ngcukaitobi challenged Batohi over her repeated references to “state capture” in relation to Chauke, arguing that the remarks were unfounded and damaging.

“You have no evidence that Advocate Chauke was involved in state capture, yet you have repeatedly mentioned state capture in the context of this inquiry,” he said.

State Capture Context Sparks Heated Exchange

Batohi conceded she had no personal knowledge tying Chauke to state capture. However, she argued that the issue had formed part of the broader environment within the National Prosecuting Authority (NPA) at the time key decisions were made.

She said her actions were influenced by the findings and concerns emerging from the Zondo Commission.

“That was in fact the NPA and the capture of the criminal justice system, which was something that the Zondo Commission was enquiring into. And I couldn’t turn a blind eye to the fact that this was what was being enquired into.

“As a responsible National Director, I needed to consider all options,” Batohi said.

While acknowledging Chauke had not been directly implicated, Batohi maintained that the state capture climate remained relevant when explaining her past decisions. “I was asked what were the reasons for me doing certain things at the time, and I explained that that was the context within which I took those decisions,” she said.

Ngcukaitobi Claims Remarks ‘Poisoned’ Inquiry

Ngcukaitobi, however, accused her of deliberately creating a cloud over Chauke. “You are attempting to create the impression that Mr Chauke is involved in state capture when you know full well that you have no such evidence,” he argued.

He pressed further, saying, “Advocate Batohi, we are in an enquiry against Advocate Chauke. We’re not in a state capture enquiry… That is what I am saying to you is intentionally designed to poison the atmosphere of this enquiry.”

Batohi insisted her comments were not intended to implicate Chauke but to reflect the pervasive concerns over the integrity of the broader criminal justice system at the time. “I could not turn a blind eye to what was happening around me,” she said.

“It was the atmosphere we were dealing with at the time. I took those decisions with all of that in mind.”

Batohi is expected to continue giving evidence when the inquiry resumes on Tuesday.

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