By Lehlohonolo Lehana.
President Cyril Ramaphosa has received the report of the Inquiry into the Fitness to Hold Office of South Gauteng Director of Public Prosecutions, Advocate Andrew Chauke.
Ramaphosa had in terms of section 12(6)(a) of the National Prosecuting Authority Act of 1998 established an inquiry.
The Inquiry was chaired by retired Justice Bess Nkabinde, assisted by advocate Elizabeth Baloyi-Mere and attorney Matshego Ramagaga.
He suspended Chauke as Director of Public Prosecutions with effect from 20 July 2025, on full pay pending the finalisation of the inquiry.
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.
Chauke is accused of unlawfully instituting racketeering charges against the unit and its leader, the former KwaZulu-Natal head of the Directorate for Priority Crime Investigation (Hawks) Johan Booysen. He is also accused of acting outside his jurisdiction on a case in KwaZulu-Natal (KZN) while he being the lead prosecutor in Gauteng.
He denied overstepping his role in the Cato Manor Unit matter in KwaZulu-Natal (KZN), maintaining that he was overseeing the case.
Another thorny issue during the hearings was the walking out by the former NDPP boss Shamila Batohi mid-testimony citing unfair treatment from Chauke’s counsel advocate Tembeka Ngcukaitobi, and resulting into further delays.
Recently the commission denied her application to consult her legal team while under cross-examination.
Batohi’s legal team, Harris Nupen Molebatsi Attorneys (HNM), sought a declaratory order stating that she does not require the panel’s consent to consult with them. Alternatively, she requested formal leave to consult, arguing that the enquiry’s nature—potentially impacting her constitutional rights and professional reputation—justified an exception to standard legal protocols.
At the heart of the dispute was the “professional rule” which generally prohibits legal practitioners from interviewing a witness once they have begun testifying until cross-examination is complete. This rule is designed to protect the integrity of the truth-seeking process and ensure evidence is not “tailored”.
Presidency spokesperson Vincent Magwenya has confirmed receipt of the report, saying the president will now study the report and subsequently make a determination.
“President Ramaphosa expressed his appreciation to inquiry chairperson Justice Nkabinde, assisted by Adv Elizabeth Baloyi-Mere SC and Attorney Matshego Ramagaga, for the work undertaken by the panel.
The Presidency has not indicated when he is expected to announce his decision, saying only that he will carefully consider the report before making a determination.
The Inquiry has faced significant controversy, high-profile witness refusals, and accusations of being unfair, with speculation that the report will be predetermined.