‘Like Zuma, She Must Face the Law’: Calls Grow for Batohi to Be Held in Contempt Over Inquiry Walkout

When Jacob Zuma walked out of the State Capture Commission in 2020 without permission, he was eventually found guilty of contempt of court and sentenced to 15 months in prison. Now, legal experts and opposition parties are asking a pointed question: why should former National Director of Public Prosecutions Shamila Batohi be treated any differently?

Batohi, who retired as head of the National Prosecuting Authority (NPA) on 30 January 2026, has been at the centre of controversy since she abruptly walked out of the Nkabinde Inquiry on 15 December 2025 during intense cross-examination by Advocate Tembeka Ngcukaitobi .

The Walkout

The inquiry, established by President Cyril Ramaphosa in September 2025 at Batohi’s own request, is investigating whether suspended Gauteng Director of Public Prosecutions Advocate Andrew Chauke is fit to hold office . Batohi is the main complainant and the inquiry’s first witness.

But during cross-examination, Batohi informed the panel she would not return after the lunch break, stating she was not prepared to continue until she received independent legal counsel, rather than being represented by the NPA’s legal team . Although chairperson Justice Bess Nkabinde criticised her actions as disrespectful, Batohi denied she had walked out or was “delinquent”, maintaining she was simply seeking legal counsel .

Months later, her position remains unchanged. In January, the inquiry was told Batohi had still not resumed her testimony and was awaiting legal advice that had been rejected by the State Attorney .

The Zuma Comparison

Politician and lawyer Zwelethu “Mighty” Madasa draws a direct parallel with Zuma’s conduct. “This is a similar action to Zuma, who left the Zondo Commission proceedings without permission, adding that there must be consequences against Batohi” .

A legal expert, speaking anonymously due to an ongoing case against the government, told the African News Agency: “The ConCourt judgment against Zuma is clear that anyone who refuses to appear before a commission is in contempt and should serve a jail term” .

The expert added that Nkabinde should approach the Constitutional Court and seek a similar penalty. “The moment she is found guilty, it means she can be impeached. Remember that impeachment can take place even after retirement” .

MK Party Moves to Freeze Pension

The political pressure intensified on 23 February 2026, when the uMkhonto weSizwe (MK) Party filed an urgent application in the Gauteng High Court to block Batohi’s pension payout and reverse decisions to fund her legal costs in the inquiry .

In court papers, the party’s chief whip, Des van Rooyen, argues that any decision to authorise payment of financial benefits to Batohi would be unlawful while serious questions about her conduct remain unresolved .

“The MK Party maintains that public funds cannot be handed out while serious questions about fitness for office remain unresolved,” the party said in a statement. “Accountability is not optional, and the rule of law is not selective. Public money must be protected” .

The party is asking the court to compel Ramaphosa to establish a proper inquiry into Batohi’s conduct, set aside any decisions authorising benefits without such a process, and order repayment of any public funds already disbursed . The matter is scheduled to be heard urgently on 24 March 2026 .

Booysen Dockets Admission

Compounding Batohi’s woes was her admission during cross-examination that she did not personally study 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 and that she relied on internal memos and reports instead .

This revelation has been seized upon by critics who argue it exemplifies a pattern of delegating critical prosecutorial decisions to subordinates. Legal researcher Jean Redpath noted that Batohi’s testimony highlighted “one of her central challenges during her term was her reliance on subordinates to manage prosecutorial cases” .

Broader Calls for Accountability

Batohi faces scrutiny on multiple fronts. ActionSA has formally requested Justice Minister Mmamoloko Kubayi to suspend Batohi and is considering court action for contempt related to the Lily Mine tragedy. The party is also calling for a full parliamentary inquiry into the “NPA’s dysfunction” .

Commissioner Yaskim Sooka of the Truth and Reconciliation Commission has urged an inquiry to investigate Batohi for “dereliction of duty” regarding the stalling of apartheid-era prosecutions .

Legacy Damaged

Legal analysts say Batohi’s conduct has negatively affected her legacy. Dr Suhayfa Bhamjee, a senior law lecturer at the University of KwaZulu-Natal, told the SABC that Batohi was leaving a “troubled” legacy and the Nkabinde debacle “damaged any sort of positivity that she had done” .

Zincedile Tiya, secretary-general of the National Association of Democratic Lawyers, expressed extreme disappointment. “As the leading prosecutor, her behaviour during the proceedings is not acceptable. She walked out during cross-examination, which is particularly concerning given her position” .

Inquiry Status

The inquiry’s spokesperson, Tiyisela Mpuzana, confirmed that Batohi remains under oath and her testimony has not been concluded. “The panel retains the authority to regulate and manage its own proceedings, including determining the manner and circumstances under which a witness continues to testify” .

For now, Batohi, believed to be in the Netherlands, has not responded to requests for comment . The NPA’s head of communication, Bulelwa Makeke, said it would not be appropriate for the NPA to comment while the inquiry is underway, but added: “Any recommendations of the inquiry for action to be taken will be considered and acted on” .

The question hanging over Batohi’s legacy is whether, like Zuma, she will be held to account for refusing to submit to the very processes she once championed.

{Source: IOL}

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