By Lehlohonolo Lehana.
The National Director of Public Prosecutions (NDPP) Shamila Batohi told the Nkabinde Inquiry in Pretoria that prosecutors must act with integrity, honesty, and always seek the truth.
Evidence Leader Advocate David Mohlamonyane SC led the testimony of Batohi. Her testimony on Wednesday focused on NPA structures and prosecutorial duties.
The Inquiry was established in terms of Section 12(6) of the National Prosecuting Authority Act 32 of 1998 to probe the fitness of Advocate Andrew Chauke to hold the office of Director of Public Prosecutions, South Gauteng.
Chauke was suspended after Batohi wrote to president Cyril Ramaphosa to request that he suspend him amid withdrawals of State capture cases and low prosecutions.
He has been at the centre of allegations over many years that he has acted as a gatekeeper and had weaponised the NPA to protect the politically powerful and corrupt.
Chauke has occupied the job since 2011 and was appointed by the president (Jacob Zuma at the time), who has the power to remove him, which is what Ramaphosa has done.
Emphasising what the NPA Act and the prosecutorial code of conduct demand, Batohi said prosecutors must act with “integrity, honesty, and always seek the truth. It must be a person of utmost integrity.”
She warned against outside influence, saying prosecutors must resist pressure from “politicians, the rich, the media, or civil society.”
Batohi linked these principles to the allegations against Chauke, rejecting the assertion by his counsel, Advocate Tembeka Ngcukaitobi, that the matter “dangerously seeks to punish a prosecutor for simply doing his job.”
She said this was “further from the truth.”
Referring to the racketeering case against Major-General Johan Booysen and the Cato Manor Unit, Batohi suggested the charges were politically driven despite the absence of evidence.
She also highlighted Chauke’s alleged failure to pursue charges against Lieutenant-General Richard Mdluli despite “strong evidence.”
She noted, however, that these matters occurred before she took office.
Ramaphosa has appointed retired Justice Bess Nkabinde, to lead the panel to probe the Chauke, fitness to hold office.
The outcome could have far-reaching effects on the NPA’s efforts to rebuild credibility after years of challenges, including allegations of interference in politically sensitive cases.
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