Outa says NDPP Shamila Batohi handled cross-examination professionally and her testimony does not erode public trust in the NPA.
The Organisation for Undoing Tax Abuse (Outa) has come out in defence of outgoing National Director of Public Prosecutions (NDPP) Shamila Batohi, pushing back against fierce criticism of her testimony at the inquiry into Johannesburg prosecutions boss Andrew Chauke’s fitness to hold office.
This after suspended Gauteng director of public prosecutions Andrew Chauke’s advocate, Tembeka Ngcukaitobi, grilled Batohi, at the Nkabinde Inquiry on Monday.
Stefanie Fick, Outa’s accountability division head, said it was extremely prejudicial to judge Batohi’s cross-examination only – but rather her entire evidence at the inquiry.
Outa defends Batohi’s inquiry testimony
“Our system is an adversarial system and one [must] also judge it in that light… Batohi faced [a] nasty cross-examination but she stayed calm and collected.
“I am of the view she handled it well and answered all the questions,” she said.
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Fick said nothing in Batohi’s testimony or her answers during cross-examination damaged the public trust.
The Citizen has reported that legal experts were critical of Batohi’s admissions at the inquiry under cross-examination – including not reading dockets before making decisions – and that these eroded public trust in the National Prosecuting Authority (NPA).
“She did mention that she did not read all the dockets but it is not a concession. It is a practice approved by our courts.
Outa says she acted professionally
“The NDPP is not expected to read all dockets,” Fick said.
Batohi, whose term ends in February next year, also admitted under cross-examination that at least one of the charges against Chauke was wrong, disputing President Cyril Ramaphosa’s terms of reference.
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But Fick countered that Batohi did not say that the terms of reference was wrong, but had simply stated that the draft terms of reference given to the president was different to the one Ramaphosa ultimately published.
“She indicated that a sentence in the charge was incorrect. If it is incorrect, it is incorrect and she should point that out.
“That is what an honest witness does. I think she was honest and professional. She did not lose her temper despite being attacked by Chauke’s defence team,” she added.
Inquiry into Booysen
The inquiry is focusing on the racketeering charges authorised against former KwaZulu-Natal Hawks boss Major-General Johan Booysen and members of the Cato Manor Unit, and the withdrawal of murder charges against former crime-intelligence boss Richard Mdluli.
Ngcukaitobi is expected to continue his grilling of Batohi at the inquiry today.
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