The inquiry into the fitness of suspended South Gauteng Director of Public Prosecutions, Advocate Andrew Chauke, is set to resume on Monday, despite ongoing disputes over Advocate Shamila Batohi’s legal representation.
Justice Bess Nkabinde, presiding over the inquiry, urged evidence leaders to find a way to proceed with the case while addressing issues related to advocate Batohi’s legal team.
The dispute centers around whether Advocate Garth Hulley, a member of the National Prosecuting Authority (NPA) legal team, may have a conflict of interest, further delaying the testimony of key witnesses.
Hulley leads the NPA’s internal legal team and he’s representing Batohi in the inquiry.
During the proceedings, Advocate Tembeka Ngcukaitobi Chauke’s lawyer told the panel, “We discussed the matter internally as well as in collaboration with the evidence leaders. Perhaps the best way is to allow the evidence leader to explain the position they have finally settled on.”
Advocate Skosana, speaking on behalf of the evidence leaders, confirmed the team’s decision to bring an application for the adjournment of the proceedings until Monday.
He explained that the application would focus on two main issues: a potential conflict of interest involving advocate Hulley and the NPA legal team, and challenges related to the witness list, particularly witnesses associated with the Cato Manor Unit and Major General Booysen.
“We as evidence leaders have considered this matter and decided, in view of the deliberations that have occurred today, to bring an application. The application would be for the adjournment of these proceedings until Monday, the coming Monday,” Skosana said.
He added that the application would include the reasons behind the request.
Nkabinde further inquired whether the application was linked to the issue of funding for Advocate Batohi’s legal representation, seeking clarity on whether the conflict of interest also involved legal costs.
Skosana explained that the aim was not to address funding directly, but rather to determine whether there was indeed a conflict of interest within the NPA’s legal team.
“It’s to establish whether there is in fact a conflict of interest, whether Advocate Hulley can advise Advocate Batohi,” Skosana said.
The second issue raised by Skosana involved challenges with witnesses. He stated, “We have experienced difficulties, and we will explain in the affidavit that we intend to file the kind of difficulties and why we think it is necessary to complete that part of the case before going to the second aspect, which relates to the Mdluli case.”
Skosana revealed that the evidence leaders had encountered difficulties with multiple witnesses, particularly those associated with the Cato Manor Unit and Major General Booysen.
“We have experienced difficulties and we will explain in the affidavit that we intend to file the kind of difficulties and why we think it is necessary to complete that part of the case before going to the second aspect which relates to the Mduli case,” Skosana said.
Nkabinde, keen to avoid further delays, urged the evidence leaders to explore any options for calling witnesses who may not be facing challenges.
“All the witnesses that you have provided us with, do you have challenges in relation to all of them or some of them?” she asked. Skosana clarified, “Some of them, Madam Chair, yes. But I can indicate, in particular, in relation to the Cato Manor Unit and Major General Booysen.”
Skosana went on to explain that, after internal discussions, the evidence leaders had determined that none of the witnesses could be called at this stage.
“We are not in a position to call any of those witnesses,” Skosana said. He emphasised that the evidence leaders would provide further detail about the difficulties faced in their forthcoming affidavit.
Nkabinde expressed concern over the prolonged delays in the inquiry, stating, “We’ve spent almost a month on one witness, and we are not even done with them.”
She urged Skosana to reconsider and explore any possibilities of calling witnesses who might be ready to proceed. “If any of those witnesses are ready, we should consider proceeding with them, unless, of course, all the witnesses are presenting challenges,” she said.
Skosana responded that the team had concluded it was not feasible to proceed with any of the listed witnesses for now.
“From our discussion as evidence leaders, we have a challenge with all the witnesses relating to that aspect. It is a different kind of challenge with each witness, but we are unable to proceed with them at this stage,” he said.
Nkabinde acknowledged the difficulty of the situation but emphasised the need for progress. “I understand the challenges you are facing. But we need to see some progress. The time lost is significant, and we cannot afford to go on indefinitely like this,” she said.
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