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The Chairperson of the Portfolio Committee on Justice and Constitutional Development, Mr Xola Nqola, today condemned the reported conduct of the National Director of Public Prosecutions (NDPP), Adv Shamila Batohi, during her testimony before the enquiry into the Fitness to Hold Office of Advocate Andrew Chauke.
 
“Reports detailing her abrupt departure and subsequent refusal to continue testimony without consultation, despite being on the witness stand, are deeply troubling. It constitutes an unacceptable disregard for the principles of accountability and respect for due process,” the Chairperson said.
 
“The behaviour demonstrated by the NDPP at a formal presidential enquiry is nothing short of an affront to the rule of law and the constitutional mandate of her office,” said Mr Nqola. “The National Prosecuting Authority (NPA) is the cornerstone of our criminal justice system, and its leadership must at all times exemplify the highest standards of integrity, professionalism and commitment to justice.”
 
He emphasised that no one is above the law or beyond accountability. “This includes the most senior office-bearers in institutions established to uphold justice.”
 
On 29 September 2025, President Cyril Ramaphosa established an enquiry chaired by retired Justice Bess Nkabinde into serious allegations concerning Adv Chauke’s fitness to serve as South Gauteng Director of Public Prosecutions. The President suspended Adv Chauke with full pay, effective from 20 July 2025, pending the enquiry.
 
Mr Nqola reiterated that the enquiry serves a vital constitutional function to restore the public’s trust in the prosecuting authority. “Any attempt by a key witness, especially the head of the institution under scrutiny, to impede or disrupt its proceedings or evade cross-examination is an act of institutional disrespect that cannot be tolerated. It sends a profoundly damaging message to the public and the dedicated public servants within the NPA.”
 
The Chairperson, on behalf of the committee, wishes to remind the NDPP that the office she holds is a creature of the Constitution, vested with significant public trust. “Accountability is not optional. It is the fundamental precondition for the NPA’s legitimacy and independence.
 
He said the committee will be engaging with the Minister of Justice and Constitutional Development and the relevant authorities on this serious matter to ensure that all individuals cooperate fully with the enquiry and that the processes of constitutional accountability are not undermined.
 
“The committee calls on the NDPP to immediately recommit to full and transparent participation in the Chauke enquiry and to act in a manner befitting the gravity of her office. “No attempt to evade accountability will be allowed to stand,” said Mr Nqola.

Issued by the Parliamentary Communication Services on behalf of the Chairperson of the Portfolio Committee on Justice and Constitutional Development, Xola Nqola