WATCH | 'I have a duty’: Batohi testifies against Gauteng DPP Chauke in Nkabinde Inquiry

The National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, continued to give evidence on Thursday at the Nkabinde Inquiry, examining the fitness of Gauteng DPP Advocate Andrew Chauke to hold office.

Evidence Leader Advocate David Mohlamonyane SC will continue leading the testimony of Batohi.

The inquiry was launched following a complaint by NDPP Batohi, and focuses on two particularly controversial cases: the racketeering prosecution of Major-General Johan Booysen and members of the Cato Manor Organised Crime Unit, and the discontinuation of murder charges against former police crime intelligence head Lt General Richard Mdluli.

Chauke, who has served as Gauteng DPP since 2011, was suspended by President Cyril Ramaphosa in July 2023 pending the outcome of the inquiry.

Batohi, the first witness before the Nkabinde Inquiry chaired by retired Justice Bess Nkabinde, said on Wednesday it was not easy to refer “a senior colleague” to an enquiry, but, as NDPP, “I have a duty.”

She noted that while she and Chauke had always had a cordial relationship.

“But as the National Director, I have a duty. I believe a full hearing will be in the interest of Advocate Chauke and the NPA to ensure that a fair decision is reached. The Constitution and the NPA Act require all of us to serve the people in South Africa in good faith. These are not just words. They mean a lot,” Batohi told the Inquiry.

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.

Batohi’s testimony on Wednesday focused on NPA structures and prosecutorial duties. She will continue on Thursday with evidence addressing the specific allegations against Chauke.

hope.ntanzi@iol.co.za 

IOL Politics