Head of the National Prosecuting Authority (NPA) Shamila Batohi has told the Nkabinde Inquiry in Pretoria that she relied on expert advice when approaching the president about Advocate Andrew Chauke.

Batohi has submitted to the Inquiry email exchanges between Advocates Simphiwe Mlotshwa and the embattled South Gauteng Director of Public Prosecutions.

They allegedly expose a dispute over the signing of Major General Johan Booysen’s racketeering indictment without supporting evidence.

Booysen, who led the Cato Manor Unit between 2008 and 2011, was arrested alongside unit members on serious charges, including racketeering.

Batohi is the main witness in the inquiry to determine Chauke’s fitness to hold office, which began last week.

“But that supplementary opinion in my view was almost like a forensic analysis of the evidence. And that together with my opinion, he provided me with a bundle of evidence. And my decision to recommend to the president was based primarily on the evidence that was provided to me, attached or forwarded as annexures through Dr Brightens opinion,” says Batohi.

“I want to be clear about that because others were opinions that were considered. But when I made the decision, I looked at the documents. Many of which we are presenting. Some of them may not be presented. I will speak to counsel about the entire bundle handed in as evidence because there’s where I based my decision on,” adds Batohi.

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