President Cyril Ramaphosa is at an advanced stage of deciding whether Johannesburg Director of Public Prosecution Andrew Chauke should be suspended or not.
So said Justice and Constitutional Development Minister Mmamoloko Kubayi when she was responding to DA MP Damien Klopper, who asked what efforts she made to assist National Director of Public Prosecution Shamila Batohi in her request to Ramaphosa to suspend Chauke.
Batohi had made the request to Ramaphosa three years after Chauke was investigated over his conduct in the cases against former Crime Intelligence head Richard Mdluli and the Cato Manor police unit.
Kubayi confirmed Batohi made the submission to Ramaphosa which necessitated a request for a full report that took time for its submission.
“The report the President has requested and what has been provided took more than eight months to the President and has arrived in the portfolio. The final report was submitted to the President at the beginning of this year. The matter is at advanced stage,” she said.
“As this matter is more of a legal process and also a labour matter, I would not want to deal with the details in case it does jeopardise the process, but I can assure the Member that the matter has received adequate attention and the President is at final stages of dealing with it,” added Kubayi.
Klopper said it sounded as if the Department of Justice has done very little to nothing to assist the National Prosecution Authority (NPA) in ensuring that Ramaphosa takes the necessary steps to suspend Chauke pending the inquiry.
“Can you give even one example where your department will assist the NPA in ensuring that those implicated in State Capture are prosecuted successfully and swiftly?” he asked.
In response, Kubayi referred Klopper to the NPA Act in terms of the role of the department and the Minister in prosecutorial matters and appointments or suspensions.
“You seem to have missed the boat there. The process of appointment or even due does not have to involve the Minister so almost the Minister supports and advises the President,” she said.
“The NDPP submits the reports to the President directly through the Minister, but the Minister can’t alter those things. So it’s not up to the Minister nor the department to decide whether or not to support or to submit reports to the President,” Kubayi said.
She added that the Minister and the President don’t get involved in decisions of prosecution of State Capture issues.
“I should not be seen supporting the NPA in those processes. The NPA must be able to implement those decisions freely, without fear or favour.” EFF MP Nazier Paulsen demanded to know the “concrete” actions Kubayi took to support or follow through on Batohi’s request.
“Your continued silence on this matter raises legitimate concerns regarding potential political shielding, particularly given that Section 179 (4) of the Constitution guarantees prosecutorial independence, and the Public Service Act mandates timely, disciplinary responses.
“Why has your Department failed to act on it, on such a serious recommendation concerning allegations at one of the highest levels of prosecution?” asked Paulsen.
Kubayi reiterated her earlier response that the request was submitted to Ramaphosa, who asked for more information.
“The NDPP had to comply and submit to the President. After such being done, the President then undertook a process. As I’m saying, the process is at an advanced stage, and therefore the President will make necessary announcements at the time that he deems that the process has been concluded.
“I wouldn’t want to go into detail of it. I think we should be a little more patient. In terms of influence, in terms of protection, I can assure you, honorable Member, I have stated publicly that neither would myself nor anyone influence NPA while I am the head here, and should that information come through, I’m prepared as the Minister to take the necessary action, including opening case and requesting for prosecution of such individuals.”
IFP MP Khethamabala Sithole asked about an interim measure Kubayi has considered to guard prosecutorial integrity pending the decision on Chauke’s suspension.
In response, Kubayi said they did not know whether Ramaphosa has decided to place Chauke on suspension or not.
“We must allow the President to consider the documents that are before him,” she said.
“We do note that the issue of integrity of the office, especially for public prosecution, is important. That’s why the matter has to be concluded, and I do agree with members when they raise concerns about the time that it has taken, and we have to clear both the issues, deal with the matters, to also ensure that the individual himself can be able to operate without a clout over their head, especially with the responsibility that they have.
“We can assure honorable Members that this matter will be concluded swiftly and quickly, and where measures are needed, we’ll engage with the NDPP.”
However, MK Party MP Sipho Mbatha enquired whether Kubayi will spearhead a formal request to Ramaphosa asking to suspend Batohi, citing “glaring pattern of incompetence” in matters at the NPA.
“How much more damage must be done before accountability is enforced, or are we now expected to normalize or fake it till you make it culture at the helm of the NPA?” asked Mbatha.
In her response, Kubayi said if there was a process that needed to be done around Batohi, Mbatha should submit a formal request.
“I do not have anything that indicates that the NDPP should be taken through a disciplinary process,” she said.
