Shamila Batohi's walkout from the Nkabinde Inquiry raises questions of accountability, drawing comparisons to Jacob Zuma's controversial actions.
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The former National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, has come under scrutiny for her decision to exit the Nkabinde Inquiry without obtaining permission from Justice Bess Nkabinde.
This action has drawn parallels to the controversial behaviour of President Jacob Zuma, prompting experts and analysts to call for accountability measures against Batohi.
Legal experts have pointed out that Batohi, similar to Zuma, departed from the ongoing inquiry without the chairman’s consent while still obligated to testify.
Currently believed to be in the Netherlands, Batohi did not respond to a request for comment. She officially retired from her role as NDPP on January 30, 2026.
Zuma's own exit from the State Capture Commission occurred during a tea adjournment, where he left without permission from Chief Justice Raymond Zondo, following the dismissal of his recusal application against Zondo in November 2020. Subsequently, Zuma was sentenced to 15 months in prison for contempt of court.
This sentence was handed down after the Constitutional Court (ConCourt) found him guilty of defying a court order that mandated his appearance and testimony before the commission on January 28, 2021.
The Nkabinde Inquiry was established in September 2025, following Batohi's request to President Cyril Ramaphosa to investigate Advocate Andrew Chauke, the head of the National Prosecuting Authority (NPA) in Gauteng.
During a rigorous cross-examination by Advocate Tembeka Ngcukaitobi on December 15, 2025, Batohi informed the panel that she would not return after the lunch break. She stated that she was unwilling to continue until she received independent legal counsel, rather than being represented by the NPA’s legal team.
Although Justice Nkabinde condemned her actions as disrespectful, Batohi denied that she had walked out or acted “delinquently,” asserting that she was merely seeking legal advice.
During the cross-examination, Batohi also admitted that she had not personally reviewed the 23 dockets before deciding to withdraw racketeering charges against former KwaZulu-Natal Hawks head Johan Booysen and his unit. She argued that National Directors are not legally required to read entire dockets, relying instead on internal memos and reports.
Politician and lawyer Zwelethu “Mighty” Madasa remarked that Batohi's actions mirror those of Zuma, who similarly left the Zondo Commission proceedings without permission. He emphasised that there must be consequences for Batohi's actions.
“But the questions should also be raised about inconsistencies when dealing with problems and issues in the government - the selective justice, the untouchables and touchables, and how this is compromising the system of the administration of justice, which evidently has been seriously compromised from these inquiries,” Madasa said.
The spokesperson for the inquiry, Tiyisela Mpuzana, confirmed that Batohi remains under oath and that her testimony has not yet concluded. Mpuzana added that the panel retains the authority to regulate and manage its own proceedings, including the circumstances under which a witness continues to testify.
“It would be inappropriate to speculate further,” Mpuzana remarked.
Batohi is currently entangled in multiple legal and oversight processes. While she has not faced criminal charges, she is under significant legal scrutiny. ActionSA has formally requested the Justice Minister, Mmamoloko Kubayi, to suspend Batohi and is considering court action for contempt of court related to the Lily Mine tragedy. The party is also advocating for a full parliamentary inquiry into the 'NPA’s dysfunction'.
Recently, the Truth and Reconciliation Commission (TRC) Commissioner Yaskim Sooka urged an inquiry to investigate Batohi for “dereliction of duty” concerning the stalling of apartheid-era prosecutions.
Madasa noted that even though Batohi is retired, the law should not cease to apply.
Another legal expert, who requested anonymity due to an ongoing case against the government, stated that the ConCourt judgment against Zuma is clear: anyone who refuses to appear before a commission is in contempt and should serve a jail term. The lawyer added that Nkabinde should approach the ConCourt to seek a jail term against Batohi.
“The moment she is found guilty, it means she can be impeached. Remember that impeachment can take place even after retirement,” the lawyer explained.
Meanwhile, the NPA's head of communication, Bulelwa Makeke, stated that it would not be appropriate for the NPA to comment on any issues arising from the inquiry, as it is currently ongoing.
“Any recommendations of the inquiry for action to be taken will be considered and acted on,” she affirmed.