The Nkabinde Enquiry has rejected an application by former National Prosecuting Authority boss Shamila Batohi to seek legal advice while under cross-examination.
Batohi was being questioned by legal representatives for Andrew Chauke during proceedings examining his suitability to lead the Johannesburg prosecutions office.
In its ruling, the panel found that Batohi was not entitled to the same procedural protections afforded to an accused person and therefore did not have an automatic right to consult legal counsel during questioning.
Chairperson Bess Nkabinde said the line of questioning did not constitute unfair administrative action and that Batohi’s right to procedural fairness had not been infringed.
The enquiry further noted that Batohi had failed to provide sufficient grounds to justify pausing the proceedings in order to obtain legal advice.
The matter forms part of a broader inquiry into Chauke’s fitness to hold office as Johannesburg’s prosecutions chief.
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