JOHANNESBURG, Gauteng — The inquiry into the fitness of South Gauteng Director of Public Prosecutions Andrew Chauke has been plunged into a constitutional standoff today, Monday, January 26, 2026. In a move that legal experts are calling “unprecedented,” National Director of Public Prosecutions (NDPP) Shamila Batohi has officially refused to return to the witness stand.
The Nkabinde Inquiry, which was set to resume its work following the festive break, is now facing a total stall as the head of the National Prosecuting Authority (NPA) defies the very panel she helped initiate.
The Stand-Off: Batohi vs. Nkabinde
The tension centers on a high-stakes disagreement between Batohi and the inquiry panel, led by retired Justice Bess Nkabinde.
- The Refusal: Despite being under oath and scheduled to resume her testimony this morning, Batohi informed the commission through her legal representatives that she will not take the stand.
- The “Integrity” Argument: Batohi maintains that she requires “proper legal counsel” and continues to push for an amendment to the inquiry’s terms of reference. She previously walked out of the hearings in December, stating the process had become a threat to her personal and professional integrity.
- The Panel’s Ruling: Justice Nkabinde has already rejected Batohi’s requests, ruling that the inquiry must proceed under the original mandate issued by President Cyril Ramaphosa.
Why the Refusal Matters
Batohi’s refusal to testify creates a significant legal paradox. It was Batohi herself who referred the allegations against Andrew Chauke to the President, effectively triggering this inquiry.
- Uncharted Territory: Legal analysts suggest that a sitting NDPP refusing to testify before a presidential inquiry is “uncharted territory.” This defiance could potentially lead to a contempt of commission charge or a referral to Parliament.
- Impact on Chauke: Advocate Chauke’s legal team has been quick to capitalize on the chaos, arguing that Batohi’s refusal to be cross-examined suggests the case against their client is “frivolous and politically motivated.”
Allegations Against Chauke
The inquiry is investigating whether Chauke is fit to hold office following allegations of:
- Improper Prosecutorial Decisions: Specifically regarding the decision not to prosecute certain high-profile individuals linked to state capture.
- Political Bias: Claims that Chauke’s office was used to target political rivals while shielding allies.
A Crisis of Leadership at the NPA
The stalemate at the Nkabinde Inquiry highlights the deep-seated divisions within the NPA’s top leadership. With the NDPP in open conflict with a judicial panel and one of her most senior provincial directors, the credibility of South Africa’s prosecutorial service is under immense strain.
“We are at a crossroads,” said one senior legal analyst. “If the head of the NPA cannot or will not participate in a fact-finding mission she requested, the entire process risks collapse.”
What Happens Next?
The Nkabinde Inquiry has adjourned briefly to consider its options. Justice Nkabinde now faces the difficult task of deciding whether to subpoena Batohi or recommend to President Ramaphosa that the inquiry be dissolved—or that Batohi face disciplinary consequences for her refusal to cooperate.
Stay tuned to Latest Load Down as we monitor this developing story.
