![](\"https:\/\/www.ghanamma.com\/za\/wp-content\/uploads\/2025\/11\/1764272320_241_1600&operation=CROP&offset=0x83&resize=1600x900.jpg\")
<\/p>\n<\/p>\n
National Director of Public Prosecutions Shamila Batohi has told the Nkabinde Inquiry that Gauteng Director of Public Prosecutions (DPP) Andrew Chauke\u2019s handling of the Richard Mdluli matter \u201cwas not consistent with the NPA\u2019s policies and prescripts\u201d and that his key decisions \u201cfailed to meet the standard expected of a senior prosecutor.\u201d<\/p>\n
Batohi was testifying before the inquiry on Thursday.<\/p>\n
Evidence leader Advocate David Mhlamoynane SC led her through years of correspondence and court findings that have taken centre stage in examining whether Chauke improperly withdrew murder and attempted-murder charges against the former Crime Intelligence head.<\/p>\n
Batohi said she wrote to Chauke on May 13 2021, requesting that he explain several decisions he made as DPP, including in the Booysen and Mdluli matters.<\/p>\n
She told the inquiry that in her letter, she informed him that \u201ca number of issues and decisions made by you have come to my attention and require additional information and clarification,\u201d adding that she wished to \u201cmake an informed decision on how to proceed.\u201d<\/p>\n
Chauke\u2019s response was then read into the record. In that response, Chauke insisted that the Supreme Court of Appeal (SCA) had found his decision to withdraw the charges \u201cnot irrational\u201d and had indicated that any review should be undertaken by the National Director of Public Prosecutions.<\/p>\n
He told Batohi that, following this, a reconsideration memorandum was prepared and submitted to then NDPP Mxolisi Nxasana, who \u201ccame to the same decision that I earlier made.\u201d<\/p>\n
He also wrote that \u201canyone who criticises me and imputes the decision under discussion to me only is both misplaced and wrong,\u201d arguing that any criticism \u201cshould also include the then NDPP, Mr Nxasana.\u201d<\/p>\n
Chauke added that criticism levelled against him was \u201cunfounded\u201d and carried out \u201cfor nefarious reasons or in the service of an unknown agenda.\u201d<\/p>\n
Batohi disagreed, referring the inquiry to the opinion of Advocate Joe Nalane SC. She explained that Nalane had emphasised that \u201cthe critical time period\u201d for assessing the rationality of the decision was February 2012, when Chauke personally withdrew the murder charges.<\/p>\n
She said Nalane argued that the question was whether Chauke, \u201cat that point in time, acted within the prescripts of the law, policies and directives applicable to him as a prosecutor, and in particular as the DPP.\u201d<\/p>\n
Batohi told the panel, \u201cIt is clear that the later reconsideration by Mr Nxasana cannot serve as retroactive justification for Advocate Chauke\u2019s original decision.\u201d<\/p>\n
After conferring with the evidence team, she confirmed that the relevant period was confined to February 2 2012 and the immediate weeks after, when he referred the matter to an inquest, more than two years before the SCA judgment.<\/p>\n
The inquiry heard that Chauke had told Batohi in his written response that he believed an inquest \u201cmight cause inculpatory evidence to surface.\u201d<\/p>\n
But Batohi testified that Chauke never explained what gaps existed in the case or what evidence he thought was missing.<\/p>\n
She said that prior to the withdrawal, the prosecution team, Judge Murphy on review, and later Brandt Judgement at the SCA, all concluded that the evidence was already strong enough to prosecute.<\/p>\n
Batohi said, \u201cReferring a matter like this to an inquest, where there is already sufficient evidence, poses a serious risk of weakening the case, not strengthening it.\u201d<\/p>\n
She explained that traumatised witnesses, some of whom had endured years of intimidation, would be exposed to cross-examination, giving the defence advance insight into their testimony.<\/p>\n
She emphasised that by 2012, \u201cthe matter was already 13 years old,\u201d and subjecting witnesses to yet another process ”would only serve to jeopardise the State\u2019s prospects.\u201d<\/p>\n
She said that even after the inquest magistrate made findings supportive of prosecution, Chauke \u201cstill did not reinstate the murder and attempted-murder charges.\u201d<\/p>\n
Instead, Chauke authorised prosecution only on lesser charges such as intimidation, kidnapping, assault and assault with intent to cause grievous bodily harm.<\/p>\n
Those charges eventually led to Mdluli\u2019s conviction in July 2019 before Judge Mokgoatlheng. Batohi noted that Judge Mokgoatlheng rejected Mdluli\u2019s argument that he was the victim of a wide-ranging conspiracy, finding that the alleged conspiracy had been \u201cfabricated, concocted and was not shown to exist.\u201d<\/p>\n
She said this showed that the representations Chauke had relied upon in 2012 were \u201cweak, unsubstantiated and later shown to be totally false.\u201d<\/p>\n
Summarising her position, Batohi told the inquiry: \u201cIn the circumstances, Advocate Chauke ought to have reinstated the murder charge.\u201d<\/p>\n
She said that his decisions in the matter \u201cwere not in line with the NPA\u2019s policies, prescripts or his responsibilities as DPP.\u201d<\/p>\n
hope.ntanzi@iol.co.za<\/p>\n
Politics<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" National Director of Public Prosecutions Shamila Batohi has told the Nkabinde Inquiry that Gauteng Director of Public Prosecutions (DPP) Andrew Chauke\u2019s handling of the Richard Mdluli matter \u201cwas not consistent with the NPA\u2019s policies and prescripts\u201d and that his key decisions \u201cfailed to meet the standard expected of a senior prosecutor.\u201d Batohi was testifying before […]<\/p>\n","protected":false},"author":1,"featured_media":263742,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18],"tags":[16810,12362,162,19708,11393,389,19337,509,18915,7432,15800,4341],"class_list":["post-263741","post","type-post","status-publish","format-standard","has-post-thumbnail","category-politics","tag-039not","tag-batohi","tag-charges","tag-chaukes","tag-inquiry","tag-line","tag-mdluli","tag-murder","tag-nkabinde","tag-npa","tag-policy039","tag-withdrawal"],"yoast_head":"\n