A panel investigating allegations against Johannesburg Prosecutions boss Advocate Andrew Chauke has dismissed an application by National Director of Public Prosecutions (NDPP) Shamila Batohi to amend the inquiry’s terms of reference.
Batohi’s Amendment Request Denied
Advocate Batohi and the evidence leaders sought to amend the terms of reference during her testimony. Batohi is the lead complainant in the inquiry, which is currently investigating Chauke’s fitness to hold office.
Batohi alleges that Chauke made politically motivated prosecutorial decisions. However, during her testimony and subsequent cross-examination, she distanced herself from the terms of reference issued by President Cyril Ramaphosa.
She admitted to the panel that she had not familiarized herself with the specific terms before the inquiry began, despite being the primary complainant who initiated the investigation. Batohi also claimed the final terms signed by the President differed from the documentation she originally submitted.
Evidence leaders argued for the amendment to align the inquiry with Batohi’s expectations, but Chauke’s lawyers strongly opposed the move. They argued that changing the terms at this stage would be prejudicial to their client, significantly altering the scope of the case.
The inquiry panel sided with Chauke’s legal team, recommending to the President that Batohi’s request for amendment be denied. The inquiry will proceed under the original terms of reference as mandated by the Presidency.
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