The National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, is giving evidence on Tuesday at the Nkabinde inquiry examining the fitness of Gauteng DPP Advocate Andrew Chauke to hold office.
The proceedings open with an address by Chauke’s lawyer, Advocate Tembeka Ngcukaitobi SC, after which Evidence Leader Advocate David Mohlamonyane SC will lead Batohi’s testimony.
The proceedings, chaired by retired Justice Nkabinde and assisted by Advocates Elizabeth Baloyi-Mere and attorney Thenjiwe Vilakazi, are examining allegations that Chauke obstructed key criminal prosecutions, effectively shielding high-profile individuals from justice.
The inquiry was launched following a complaint by NDPP Batohi, and focuses on two particularly controversial cases: the racketeering prosecution of Major-General Johan Booysen and members of the Cato Manor Organised Crime Unit, and the discontinuation of murder charges against former police crime intelligence head Lt General Richard Mdluli.
Chauke, who has served as Gauteng DPP since 2011, was suspended by President Cyril Ramaphosa in July 2023 pending the outcome of the inquiry.
previously reported that Advocate David Mohlamonyane SC, acting as evidence leader, said the investigation would closely examine the so-called “Booysen matter,” in which Chauke is accused of mismanaging racketeering charges brought under the Prevention of Organised Crime Act (POCA).
“The charges against Chauke relate to his involvement in the prosecution of Booysen and members of the Cato Manor Unit under sections 2(1)(e) and (f) of the Prevention of Organized Crime Act,” he said.
Mohlamonyane explained that Chauke led the prosecuting team appointed by then-acting NDPP Advocate Nomgcobo Jiba and “acted as the de facto DPP of KwaZulu-Natal.”
Despite this, he said, Chauke defended the withdrawal of the racketeering certificate against Booysen, which “raises serious concerns about his exercise of prosecutorial discretion.”
The inquiry also examines Chauke’s handling of the charges against Mdluli, accused of orchestrating the murder of Tefo Abel Ramogibe, as well as attempted murder and kidnapping.
“Although prosecutors indicated sufficient evidence existed to support the charges against Mdluli, Advocate Chauke withdrew all charges and referred the Ramogibe death to an investigative tribunal instead,” Mohlamonyane said.
“Chauke’s withdrawal of charges against Mdluli represents a serious dereliction of duty that undermines the rule of law.”
Beyond these cases, Mohlamonyane said Chauke’s conduct had broader implications: “Advocate Chauke’s conduct has undermined the administration of justice, exposed the NPA to civil litigation, and brought the institution into disrepute.”
The inquiry aims to determine whether Chauke’s actions constitute misconduct and assess his fitness to continue serving as Gauteng DP.
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