JOHANNESBURG, Gauteng — The high-stakes Nkabinde Inquiry into the fitness of South Gauteng Director of Public Prosecutions (DPP), Advocate Andrew Chauke, to hold office is set for a dramatic resumption today, Monday, 26 January 2026.
All eyes are on National Director of Public Prosecutions (NDPP) Shamila Batohi, who is expected to return to the witness stand following a highly controversial exit during the last round of hearings in December.
The Batohi Standoff
The inquiry, chaired by retired Justice Bess Nkabinde, was left in a state of flux late last year when Batohi refused to return to the proceedings after a lunch break.
- The “Integrity” Exit: Batohi made headlines when she insisted on seeking independent legal counsel before continuing her testimony, stating, “It is about me and my integrity.”
- The Terms of Reference Clash: The tension reached a boiling point when Batohi attempted to amend the inquiry’s terms of reference mid-stream. This move was flatly rejected by the panel following fierce opposition from Chauke’s legal defense.
- Presidential Mandate: The inquiry has since confirmed it will proceed under the original mandate issued by President Cyril Ramaphosa, dealing a blow to Batohi’s attempts to narrow or shift the focus of the investigation.
Why Advocate Chauke is Under Fire
The inquiry was sparked by serious allegations regarding Chauke’s conduct as the head of the National Prosecuting Authority (NPA) in South Gauteng. The core of the investigation involves:
- Politically Motivated Decisions: Allegations that prosecutorial choices were influenced by political agendas rather than the rule of law.
- Referral by Batohi: Ironically, the entire process was initiated by Batohi herself, who wrote to the President requesting the inquiry—a fact the panel reminded her of when she attempted to excuse herself in December.
What to Expect Today
Inquiry spokesperson Tiyisela Mpuzana confirmed that Evidence Leaders have written to Batohi to confirm her appearance today. While she remains under oath, it is still unclear if she will resume her testimony immediately or if further legal delays will arise.
Beyond Batohi, the coming days will see:
- Evidence Leaders’ Witnesses: New testimony aimed at substantiating the claims against Chauke.
- Chauke’s Defense: The Advocate’s legal team is expected to call their own witnesses to rebut the allegations of bias and misconduct.
The “Court of Public Opinion”
This inquiry is a defining moment for the NPA. For Batohi, her return to the stand is about more than just Andrew Chauke; it is about her own credibility as the head of a prosecution service that has struggled with internal divisions and accusations of “capture” for years.
As the hearings resume in Johannesburg, the question remains: will the NDPP finish what she started, or will the “Nkabinde Inquiry” end up exposing more fractures within the NPA’s top brass?
Source Credit: Based on reporting by IOL News and NPA archive records.
