Ramaphosa appoints new panel member for Andrew Chauke inquiry

President Cyril Ramaphosa has appointed a new member of the panel to conduct the inquiry into suspended director of public prosecutions (DPP), Johannesburg Advocate Andrew Chauke.

Attorney Matshego Ramagaga has replaced Thenjiwe Vilakazi as a member of the panel chaired by retired Constitutional Court Justice Bess and assisted by Advocate Elizabeth Baloyi-Mere SC.

Ramaphosa made the change on Monday.

The panel is expected to inquire into, report on and make findings and/or recommendations on a number of allegations against Chauke and his fitness to hold office as a prosecutor in the prosecutorial services, in particular, in the capacity as a DPP.

It will also look into his direct or indirect conduct relating to his fitness and propriety to hold office based on information including but not limited to matters related to various allegations.

These include the institution of the racketeering charges in terms of the Prevention of Organised Crime Act (Poca) against KwaZulu-Natal Hawks head Major-General Johan Booysen and members of the Cato Manor organised crime unit and the defence of those actions in subsequent review proceedings brought by Booysen to have the racketeering certificates set aside.

According to the inquiry's terms of reference, Chauke supported a decision to prosecute the accused notwithstanding that there was no evidence justifying the decision and he sought to improperly have the acting DPP in KwaZulu-Natal sign the case dockets and/or prosecution memorandum detailing the alleged evidence implicating the accused on which the decision to indict had to be made.

He also recommended to then acting National Director of Public Prosecutions Advocate Nomgcobo Jiba, the application for issuing a racketeering authorisation in terms of Poca whereas there was no evidence justifying the institution of racketeering charges against the accused.

In addition, Chauke failed to continue with charges against former police crime intelligence boss Lieutenant-General Richard Mdluli for his involvement in the murder of Tefo Abel Ramogibe.

"He, Advocate Chauke, caused the charge of murder relating to the killing of Ramogibe, and related charges to be withdrawn, notwithstanding that there was strong evidence justifying the institution of a prosecution in the matter, which decision caused a significant delay in proceeding with charges concerned," state the terms of reference.

The inquiry must also establish whether, in fulfilling his responsibilities as DPP Chauke complied with the Constitution, the National Prosecuting Authority (NPA) Act and any other relevant laws in his position as a senior leader in the NPA and is fit and proper to hold this position and be a member of the prosecutorial service.

It must also determine whether he properly exercised his discretion in relation to instituting and conducting criminal proceedings on behalf of the State, carrying out any necessary functions incidental to instituting and conducting such criminal proceedings and discontinuing criminal proceedings and duly respected court processes and proceedings before the courts as required by applicable prescripts and as a senior member of the NPA.

Also, whether Chauke exercised his powers and performed his duties and functions in accordance with prosecution policy and policy directives as determined by the NPA Act and acted at all times without fear, favour or prejudice.

The panel must also look into whether he displayed the required competence and capacity required to fulfil his duties by, among others, objectively engaging with facts presented to him, impartially, in good faith and without fear favour or prejudice, subject to the Constitution and the law, in order to discharge his duties as a DPP and in any manner, brought the NPA into disrepute by any of his actions or omissions.

The inquiry is expected to be completed within four months of its commencement date or such an extended period as Ramaphosa may determine upon submission of an interim report to him and reasons for an extension of the four-month period for the completion of the report.

loyiso.sidimba@inl.co.za