Booysen indictment process under scrutiny

NATIONAL Director of Public Prosecutions (NDPP) Advocate Shamila Batohi has told the Nkabinde Inquiry that it was unlawful for Deputy Director of Public Prosecutions Advocate Andrew Chauke to push for the signing of an indictment in the Booysen matter without providing supporting evidence to the acting KwaZulu-Natal DPP at the time, Advocate Cyril Mlotshwa.

- HOPE NTANZI

Testifying before the inquiry, Batohi said emails, affidavits, and documents before the panel point to prima facie interference in prosecutorial decision-making - an issue at the heart of the inquiry’s terms of reference.

The inquiry is probing Advocate Chauke’s fitness to hold office. Batohi’s testimony is being led by evidence leader Advocate David Mahlomanyane.

Explaining the nature of an indictment, Batohi said it is a document used in the High Court that sets out the charges against an accused, typically accompanied by a summary of the substantial facts underlying those charges.

According to Batohi, Mlotshwa refused to sign an indictment emailed to him by Chauke on June 12, 2012, because the supporting evidence was not included despite repeated requests. She told the panel that Mlotshwa emphasised that signing such a document without verifying the evidence would be unlawful.