Batohi Walkout Triggers Backlash as Legal Voices Warn of Damage to NPA Credibility

A moment that stunned the legal world

In a country already grappling with shaken confidence in its justice system, National Director of Public Prosecutions Advocate Shamila Batohi has found herself at the centre of an uncomfortable spotlight.

Her abrupt walkout from the Nkabinde Inquiry, which is examining the fitness of Advocate Andrew Chauke to hold office, has drawn sharp criticism from legal experts who say the incident has raised serious questions about accountability at the very top of the National Prosecuting Authority (NPA).

Batohi left the inquiry mid-proceedings without informing the chairperson, a move that resulted in her being formally summoned back and led to a tense exchange that has since dominated legal and public debate.

Why the walkout matters

Batohi’s departure came at a critical moment. As the country’s top prosecutor, she was a central witness in the inquiry and was under intense cross-examination when she walked out, saying she needed to consult her lawyers.

Legal analysts say this was no ordinary procedural misstep. Her public standing had already taken strain during questioning, and her exit, while still under oath, amplified concerns rather than easing them.

For many observers, the issue is not just what Batohi did, but what her actions signal in a system that demands transparency and resilience under scrutiny.

Experts warn of reputational damage

Dr Suhayfa Bhamjee, a senior lecturer in Criminal Law at the University of KwaZulu-Natal, described the incident as deeply troubling, saying it has sparked necessary but uncomfortable conversations about leadership in the justice system.

She noted that the inquiry was convened to probe serious allegations and that Batohi’s evidence needed to be fully tested through cross-examination.

According to Bhamjee, the optics of the walkout undermined the very principles the NPA is meant to uphold. She warned that when the head of an institution charged with enforcing the rule of law appears unwilling to submit to scrutiny, it risks eroding public trust far beyond a single inquiry.

A system already under pressure

The backlash has landed at a sensitive time for the NPA, which has faced sustained criticism over perceived inefficiency and high-profile failures. Public confidence has already been bruised by controversial cases, including the widely discussed Omotoso rape trial, which left many South Africans questioning prosecutorial competence.

Against that backdrop, Batohi’s conduct has been viewed by critics as reinforcing a damaging narrative, that the institution struggles to account to the public it serves.

Lawyers voice disappointment

Zincedile Tiya, secretary-general of the National Association of Democratic Lawyers, did not mince his words, saying Batohi’s conduct had brought the legal profession into disrepute.

He expressed concern that the country’s most senior prosecutor walked out during cross-examination, especially in a commission established in the public interest. For Tiya, accountability is non-negotiable at that level.

He added that it was particularly disappointing given that many in the legal fraternity had supported Batohi’s appointment, seeing her as a reformer who would restore credibility to the NPA.

Public reaction: frustration and fatigue

On social media, reactions have ranged from anger to exhaustion. Some users questioned how ordinary prosecutors are expected to submit to tough scrutiny when the head of the institution appears reluctant to do so. Others expressed concern that the incident feeds into a broader crisis of confidence in South Africa’s criminal justice system.

What many agree on is that the episode has deepened scepticism at a time when trust is already in short supply.

The Legal Practice Council declined to comment, citing the ongoing nature of the inquiry and the festive-season closure of its offices. As the Nkabinde Inquiry continues, all eyes will be on how Batohi responds and whether the damage can be repaired.

For now, the walkout has become more than a moment of courtroom drama. It stands as a reminder that in South Africa’s fragile justice landscape, leadership is judged not only by decisions made behind closed doors, but by how scrutiny is faced in public view.

{Source: IOL}

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