The Nkabinde Inquiry has formally rejected an application by former National Director of Public Prosecutions (NDPP) Shamila Batohi to include written submissions in the official evidence record. The ruling, handed down on 12 June 2026, determined that Batohi remains a witness and not a party to the proceedings, meaning she has no procedural right to introduce evidence after abandoning her oral testimony.
Investigation Integrity And Procedural Rules
The panel, chaired by retired Constitutional Court Justice Sisi Nkabinde, stated that Batohi’s attempt to introduce a “curated, untested, self-justifying narrative” was fundamentally inconsistent with the requirements for a fair and transparent inquiry. The panel further characterised the request as an attempt to bypass the rigours of cross-examination, noting in their ruling that “if this is not a display of a disdainful attitude toward the Panel, it is not clear what it is!”
Batohi had previously walked out of the inquiry in December 2025 during cross-examination, citing a “hostile and accusatory” atmosphere, and later refused requests to return to the witness stand. In response to the panel’s concerns during the process, Batohi stated, “I was not seeking your permission, it is something that I decided I needed to do because it is about me and my integrity.”
Broader Implications For The Inquiry
The Nkabinde Inquiry was established by President Cyril Ramaphosa in September 2025 to probe the fitness of Director of Public Prosecutions (DPP) Andrew Chauke to hold office. The proceedings have faced significant scrutiny and delays, and the panel’s latest decision reinforces the principle that witnesses cannot opt out of oral testimony while still seeking to influence the final record through unilateral submissions.
By preventing the admission of these documents, the inquiry aims to ensure that all evidence remains subject to public testing and scrutiny. The investigation into the fitness of the South Gauteng DPP is expected to continue despite these procedural challenges, with the panel maintaining its focus on establishing a factual record based on verified oral evidence.