President Cyril Ramaphosa has established an inquiry into suspended Joburg chief prosecutor Andrew Chauke’s fitness to hold office.
On Monday, presidency spokesperson Vincent Magwenya said Ramaphosa had appointed retired justice Bess Nkabinde as chairperson of the inquiry, with Adv Elizabeth Baloyi-Mere SC and attorney Thenjiwe Vilakazi as additional members.
“The inquiry will look into certain serious allegations regarding Adv Chauke’s fitness and propriety to hold office as a director of public prosecutions and as a member of the National Prosecuting Authority,” Magwenya said.
Chauke was suspended on July 20 on full pay pending the finalisation of the inquiry.
He was appointed director of public prosecutions in Johannesburg in September 2011.
“In terms of the constitution, the National Prosecuting Authority Act and the rules of natural justice, an inquiry as regards the allegations made against any director of public prosecutions should be conducted fairly and impartially,” the presidency said.
In terms of the constitution, the National Prosecuting Authority Act and the rules of natural justice, an inquiry as regards the allegations made against any director of public prosecutions should be conducted fairly and impartially
— The presidency said
“In consultation with the minister of justice, the inquiry chairperson will determine the seat of the inquiry as well as the rules of procedure. At the end of the inquiry, the chairperson shall submit a report to the president.”
Chauke has been accused of mishandling various cases, including that of the then-head of crime intelligence, Richard Mdluli.
He provisionally withdrew murder and other charges against Mdluli concerning the 1999 murder of Oupa Ramogibe, a former lover of his then-girlfriend, in 2012.
However, the Supreme Court of Appeal overturned the withdrawal after Freedom Under Law challenged his decision and the court ordered Chauke to decide which charges to reinstate.
He reinstated charges of kidnapping, intimidation and assault, but not murder. Mdluli was subsequently convicted of assault with the intention to do grievous bodily harm and two charges of kidnapping.
In another controversial matter, Chauke pursued a case against former KwaZulu-Natal Hawks head Johan Booysen, which a court later set aside.
Chauke also withdrew corruption charges in November against the former minister of sports, arts and culture, Zizi Kodwa, and his co-accused, businessman Jehan Mackay.
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