Counsel for suspended South Gauteng director of public prosecutions Andrew Chauke has accused national director of public prosecutions Shamila Batohi of lying about what she had presented before the inquiry into Chauke’s fitness to hold office.
Tembeka Ngcukaitobi SC said he would argue that Batohi had lied during her evidence in chief when she said an opinion she had obtained from her adviser, Dr David Broughton, expressed no view on Chauke’s decision to withdraw murder charges against former head of crime intelligence Richard Mdluli.
Ngcukaitobi said he would also argue Batohi lied when she said Broughton did not deal with the Mdluli matter when his opinions addressed it twice and on several pages.
Batohi rejected this accusation and said she had no reason to lie.
The inquiry, headed by justice Bess Nkabinde, is to investigate allegations that Chauke instituted racketeering charges against former KwaZulu-Natal Hawks head Maj-Gen Johan Booysen and members of the Cato Manor unit when there was no evidence justifying the decision.
The inquiry is also probing an allegation that Chauke failed to continue with the charges against Mdluli for his involvement in the murder of Tefo Ramogibe by withdrawing charges of murder and other related charges, despite strong evidence.
Ngcukaitobi had referred Batohi to her evidence in chief on November 28 that she had requested Broughton, on February 23 2023, to furnish her with an opinion on whether to refer complaints about Chauke’s conduct to the president.
Batohi had testified that Broughton concluded she should make a recommendation to the president to institute an inquiry regarding the fitness of Chauke to hold office in respect of his involvement in the Booysen matter.
“He did not deal with the Mdluli matter,” Batohi had said during her evidence on November 28.
Ngcukaitobi referred Batohi to the opinion of Broughton, who said in light of a Supreme Court of Appeal (SCA) judgment in the Freedom under Law decision, no recommendation was made that an inquiry be instituted against Chauke relating to his murder charge withdrawal decision in the Mdluli case.
Ngcukaitobi said in contrast, Broughton had recommended the institution of an inquiry into Chauke’s fitness to hold office in relation to the Cato Manor case.
“He [Broughton] is expressly clear he is persuaded by the SCA decision not to make a recommendation in relation to the Mdluli case,” Ngcukaitobi asked Batohi.
That statement is false because we have looked at both opinions — he expressly deals with the Mdluli matter twice.
— Tembeka Ngcukaitobi SC
Batohi replied she did not agree with that.
When Nkabinde asked what is it that Batohi did not agree with, she replied: “That he is expressly clear to not recommend that the issue of the Mdluli matter be referred to the president.”
Ngcukaitobi also referred Batohi to her affidavit, where she said Broughton did not deal with the Mdluli matter.
“That statement is false because we have looked at both opinions — he expressly deals with the Mdluli matter twice,” Ngcukaitobi said.
Batohi maintained Broughton did not deal with the Mdluli matter.
“Your affidavit repeats that he did not deal with the Mdluli matter. We know as a fact he dealt with it twice. It seems clear that in both opinions he dealt with the Mdluli matter.
“It is either you are misleading the panel now, or you misled the panel in your affidavit,” Ngcukaitobi said.
Batohi said she did not mislead at any stage.
“Sometimes it is about context and understanding of the same word. I agree I stated, ‘he did not deal with the Mdluli matter,’ but I have not yet been asked what I meant,” Batohi said.
Nkabinde referred Batohi to the transcript of her evidence on November 28, when she said Broughton had not “expressed a view” on the Mdluli matter. Nkabinde asked what Batohi meant by this statement.
“My understanding was that he was not making a recommendation not to refer; he was making no recommendation. My understanding is that he was not saying ‘do not refer’; he was making no recommendation. He made no recommendation regarding this matter,” Batohi said.
In her explanation, Batohi said her statements reflected her understanding at the time and that the discussion on Mdluli constituted “perhaps 1%” of Broughton’s opinion, and was hardly extensive.
The inquiry continues.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.