Andrew Chauke’s Handling Of Mdluli Prosecution Under Scrutiny At Nkabinde Inquiry

Suspended Johannesburg prosecutions head Advocate Andrew Chauke is facing an inquiry into his fitness to hold office, as past decisions in high-profile cases come under intense scrutiny.

The investigation, led by retired Justice Bess Nkabinde, started on Monday in Pretoria. Chauke was placed on suspension by President Cyril Ramaphosa following serious allegations, including a complaint lodged by National Prosecuting Authority (NPA) head Shamila Batohi.

Central to the inquiry are Chauke’s prosecutorial choices made over a decade ago, particularly regarding politically connected figures.

Andrew Chauke Accused of Weakening State Case Against Mdluli

Advocate Chauke is alleged to have quashed prosecutions, including that of former Crime Intelligence boss Richard Mdluli.

Mdluli was implicated in the 1999 murder of Oupa Ramogibe, with whom he shared a lover, but was ultimately charged and convicted only for kidnapping and assault.

Evidence leader Advocate David Mahlomonyane told the inquiry that Chauke’s decision not to prosecute Mdluli for murder, instead referring the case to an inquest, undermined the State’s position.

“There was sufficient evidence upon which to prosecute, yet Advocate Chauke did not prosecute. Instead, he referred the matter to an inquest,” Mahlomonyane said.

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The commission is scheduled to hear from Chauke’s legal representative, Advocate Tembeka Ngcukaitobi, on Tuesday. Following this, NPA head Shamila Batohi is expected to provide her testimony.

The inquiry promises to shine a light on prosecutorial decision-making in politically sensitive cases and the accountability of senior officials in South Africa’s justice system.

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