By Lehlohonolo Lehana.
The Nkabinde Commission of Inquiry has found that Adv Andrew Chauke is fit and proper to hold office as a Director of Public Prosecutions and as a member of the National Prosecuting Authority (NPA).
President Cyril Ramaphosa had in terms of section 12(6)(a) of the National Prosecuting Authority Act of 1998 established an inquiry.
Ramaphosa suspended Chauke with effect from 20 July 2025, on full pay pending the finalisation of the inquiry.
The inquiry was headed by retired Constitutional Court judge Jess Nkabinde, at the insistence of former NDPP boss Shamila Batohi, who had written to Ramaphosa requesting a probe into Chauke fitness to hold office.
In December, Batohi walked out of the inquiry claiming she had faced “a hostile and accusatory” process.
She had petitioned the inquiry panel to file formal written submissions to be admitted into the official record after she halted her testimony during cross-examination.
The inquiry rejected the application by Batohi to submit written representations for inclusion in the record.
The inquiry was created to look into serious allegations regarding Chauke’s fitness and propriety to hold office as a Director of Public Prosecutions and as a member of the National Prosecuting Authority.
He was appointed Director of Public Prosecutions on 1 September 2011.
However the case against Chauke was not properly advanced and procedure also prevented a proper and fair ventilation of facts.
Among his charges was the decision to prosecute former KZN Hawks boss Johan Booysen and his Cato Manor unit.
The panel found that there was no credible evidence to conclude that Chauke had taken prosecutorial decisions as alleged in respect of the Cato Manor matter or that he had acted unlawfully in the performance of his coordination functions.
Chauke was also charged for his handling of the prosecution of former Crime Intelligence boss Richard Mdluli, but the panel has agreed with the decision made by Chauke to provisionally withdraw the charges, a finding that was also made by the Supreme Court of Appeal.
“In view of these and other findings that exonerate Adv Chauke, President Ramaphosa is satisfied that there is no basis upon which to conclude that Adv Chauke is unfit to hold office as director of public prosecutions,” the Presidency said.
Ramaphosa thanked Adv Chauke for his cooperation throughout the inquiry process and expressed trust that the finalisation of the matter will enable him to continue discharging his constitutional and statutory responsibilities “with dedication and integrity in service of the National Prosecuting Authority and the nation”.
He also reiterated his appreciation to Justice Nkabinde and the Panel for the manner in which they undertook their task.
Chauke 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.