The Nkabinde Inquiry has dismissed an application by former National Director of Public Prosecutions Shamila Batohi to have formal written submissions admitted into the official record of the proceedings.
The ruling was handed down on Friday following Batohi’s request to submit written representations after she withdrew from the inquiry while undergoing cross-examination.
Batohi walked out of the proceedings in December, alleging that the process had become hostile and accusatory. She later formalised her withdrawal in April through a letter addressed to the inquiry, which is chaired by retired Constitutional Court judge Jess Nkabinde.
In her application, Batohi sought permission to file written submissions for inclusion in the inquiry’s official record after halting her oral testimony.
However, the inquiry panel rejected the request.
“Following careful evaluation of the application, the answering affidavits, and the applicable legal framework governing these proceedings, the panel has denied the application and declined to grant leave for the written submissions to be admitted into the record,” the inquiry said in its ruling.
The inquiry was established at Batohi’s urging to investigate whether Gauteng Director of Public Prosecutions Andrew Chauke is fit to hold office.
The latest decision means that Batohi’s proposed written submissions will not form part of the official evidence before the inquiry as it continues its examination of Chauke’s conduct and suitability for the position.