The Enquiry into the Fitness to Hold Office of Advocate Andrew Chauke, known as the Nkabinde Enquiry, has reached a critical stage with both legal parties having now formally closed their cases.
The enquiry is led by retired Justice Baaitse Elizabeth Nkabinde and was established in September last year to investigate and determine the fitness to hold office of Advocate Chauke, the Director of Public Prosecutions for the South Gauteng Division.
The enquiry will now proceed to the submissions phase.
“The Nkabinde Enquiry notes that all legal parties have now formally closed their cases. The evidence leaders, led by Advocate Mohlamonyane SC, have concluded the presentation of evidence, and Advocate Andrew Chauke has likewise closed his case. The evidentiary phase of the enquiry is accordingly concluded.
“The enquiry now proceeds to the submissions phase. All parties are directed to file comprehensive written submissions, not limited to heads of argument, by Thursday, 14 May 2026. No submissions will be accepted after this deadline, and the Secretary of the Enquiry has been directed not to distribute any late submissions,” enquiry spokesperson Tiyisela Mpuzana said.
Following the submissions, the enquiry will then “determine whether oral submissions are required”.
Mpuzana noted that former National Director of Public Prosecutions, Advocate Shamila Batohi, has “elected not to return to the enquiry to complete her partially tendered evidence under cross-examination”.
“This position was communicated through her legal representatives. A request was made for a written statement by Advocate Batohi to be admitted into the record through her legal counsel reading it into the record.
“Having considered the matter, the panel determined that the statement has no probative value and may prejudice parties referred to therein, including the panel. The request has therefore been refused,” Mpuzana said.
The enquiry is expected to complete its work and submit a final report to President Cyril Ramaphosa by 30 June 2026. – SAnews.gov.za
