Chauke Inquiry: Gauteng's top Prosecutor faces allegations of shielding high-profile criminals
Gauteng Director of Public Prosecution Andrew Chauke Under Scrutiny: Nkabinde Inquiry Investigates Gauteng's Top Prosecutor
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The Nkabinde inquiry into Gauteng Director of Public Prosecutions (DPP) Advocate Andrew Chauke began on Monday amid serious allegations that he obstructed key criminal prosecutions, effectively shielding high-profile individuals from facing justice.
This investigation was launched following a complaint by the National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, and focuses on multiple allegations - including two controversial cases that have significantly shaken public confidence in the National Prosecuting Authority (NPA).
Specifically, the inquiry examines Chauke’s role in the racketeering prosecution of Major-General Johan Booysen and members of the Cato Manor Unit police, as well as his decision to discontinue murder charges against former police crime boss Lt General Richard Mdluli.
Chauke, who has held the Gauteng DPP post since 2011, was suspended by President Cyril Ramaphosa in July 2023 pending the outcome of the inquiry.
The proceedings are chaired by retired Justice Nkabinde, assisted by Advocates Elizabeth Baloyi-Mere and attorney Thenjiwe Vilakazi.
In his opening remarks, the inquiry’s evidence leader, Advocate David Mohlamonyane, outlined that the investigation will 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).
Major-General Johan Booysen was arrested in August 2012 on numerous charges, including murder and racketeering.
He was accused of running a criminal enterprise made up of members of the former Cato Manor Organised Crime Unit, which he headed.
“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,” Mohlamonyane explained.
He further detailed how Chauke led the prosecuting team appointed by then-acting NDPP Advocate Nomgcobo Jiba.
This team included prosecutors from Gauteng and the North West Provinces, tasked with pursuing KwaZulu-Natal police officers implicated in the case.
“Evidence will show that Chauke was leading the prosecuting team and acted as the de facto DPP of KwaZulu-Natal.”
Despite this leadership role, the inquiry alleges that Chauke failed to advance the prosecution adequately. Notably, he defended the withdrawal of the racketeering certificate against Booysen.
“Chauke’s actions in withdrawing and defending the withdrawal of racketeering certificates raise serious concerns about his exercise of prosecutorial discretion.”
Equally contentious is Chauke’s handling of the charges against former head of police crime intelligence Lt General Richard Mdluli, accused of orchestrating the murder of Tefo Abel Ramogibe, as well as attempted murder and kidnapping.
The case involved a love triangle dating back to 1999 when Mdluli was head of Vosloorus police station.
Ramogibe, reportedly in a relationship with Mdluli’s former partner, was shot and killed shortly after allegedly being threatened by Mdluli.
Despite sufficient evidence, the murder charge against Mdluli was withdrawn.
“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 stated.
He emphasised the gravity of this decision, stating, “Chauke’s withdrawal of charges against Mdluli represents a serious dereliction of duty that undermines the rule of law.”
The inquiry now seeks to determine whether this withdrawal was justified or indicative of serious misconduct.
Beyond these two cases, the evidence leader highlighted broader allegations that Chauke’s conduct has damaged the NPA's reputation.
“Advocate Chauke’s conduct has undermined the administration of justice, exposed the NPA to civil litigation, and brought the institution into disrepute.”
These allegations point to broader institutional harm and raise profound concerns about public trust in South Africa’s justice system.
According to Mohlamonyane, the inquiry was formally established following a request from NDPP Batohi, triggered by Chauke’s questionable conduct.
“The President has the power to remove the Public Prosecutor on grounds of misconduct, incapacity, or lack of fitness, and this inquiry focuses on whether Advocate Chauke meets those standards.”
As the inquiry unfolds, it will determine whether Chauke’s actions constitute misconduct and assess his fitness to continue serving as Gauteng DPP.
thabo.makwakwa@inl.co.za
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