Batohi Reaffirms ‘Duty’ As She Testifies Against Gauteng DPP Chauke At Nkabinde Inquiry “I Have A Duty”

National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi returned to the witness stand on Thursday as the Nkabinde Inquiry continued its examination into the fitness of suspended Gauteng Director of Public Prosecutions, Advocate Andrew Chauke, to remain in office.

Evidence Leader Advocate David Mohlamonyane SC is leading Batohi’s testimony, which forms part of a wide-ranging probe into Chauke’s conduct while heading the Gauteng prosecutions office.

The inquiry stems from a complaint lodged by Batohi and centres on two high-profile and contentious matters: the racketeering prosecution of Major-General Johan Booysen and members of the Cato Manor Organised Crime Unit, and the decision to withdraw murder charges against former crime intelligence boss Lieutenant-General Richard Mdluli.

Chauke, who has held the Gauteng DPP role since 2011, was suspended by President Cyril Ramaphosa in July 2023 pending the inquiry’s findings.

Nkabinde Inquiry Probes Political Interference and Prosecutorial Conduct

Batohi, the first witness to appear before the panel chaired by retired Justice Bess Nkabinde, told the inquiry on Wednesday that referring “a senior colleague” to such proceedings had not been easy. However, she stressed that, in her position as NDPP, “I have a duty.”

She added that although she and Chauke had maintained a cordial working relationship, her responsibilities required transparency and accountability.

“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,” she said.

Highlighting the NPA Act and the prosecutorial code of conduct, Batohi emphasised that prosecutors must operate with “integrity, honesty, and always seek the truth. It must be a person of utmost integrity.”

She cautioned that prosecutors must be able to resist undue influence from “politicians, the rich, the media, or civil society.”

Focus on Booysen Racketeering Case and Mdluli Decision

Linking these principles to the allegations against Chauke, Batohi dismissed claims made by Chauke’s counsel, Advocate Tembeka Ngcukaitobi, that the inquiry “dangerously seeks to punish a prosecutor for simply doing his job.” She argued that this was “further from the truth.”

Regarding the racketeering matter involving Major-General Johan Booysen and the Cato Manor Unit, Batohi suggested that the charges appeared to have been politically influenced despite a lack of supporting evidence.

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She also raised concerns that Chauke had allegedly failed to act on “strong evidence” in the case involving Lieutenant-General Richard Mdluli. However, she noted that both matters predated her appointment as NDPP.

Batohi’s evidence on Wednesday largely outlined NPA structures, internal processes and prosecutorial responsibilities. Her testimony is set to continue on Thursday, with attention shifting to the detailed allegations against Chauke.

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