After spending a year on suspension and under intense scrutiny over a series of controversial prosecutorial decisions, South Gauteng Director of Public Prosecutions Advocate Andrew Chauke has been declared fit to hold office.
The finding follows an inquiry led by retired Constitutional Court Justice Baaitse Nkabinde formally handed the report to President Cyril Ramaphosa early this month.
In a statement on Wednesday, the office of the Presidency said that the inquiry found that there was no credible evidence upon which it could conclude that Chauke had acted unlawfully in the performance of his coordination functions.
It was also found that Chauke’s decision to provisionally withdraw the murder and related charges against former Crime Intelligence head, General Richard Mdluli, and to refer the matter to an inquest was not irrational.
“In view of these and other findings that exonerate Adv Chauke, President Ramaphosa is satisfied that there is no basis upon which to conclude that Adv Chauke is unfit to hold office as Director of Public Prosecutions,” read the statement.
Chauke has been on paid suspension since July 20, 2025, pending the outcome of the inquiry. his suspension came almost two years after the former National Director of Public Prosecutions Advocate Shamila Batohi first requested that Ramaphosa institute proceedings against him.
Her concerns centred on the withdrawal of several State Capture-related prosecutions, as well as what she described as broader shortcomings in the performance of the South Gauteng office.
When announcing the suspension last year, the Presidency said allowing Chauke to remain in office while facing serious allegations could undermine public confidence in the NPA.
Over the years, Chauke has faced repeated accusations of protecting politically connected individuals from prosecution. Critics have alleged that he delayed or obstructed several high-profile corruption cases, claims that formed a central part of the inquiry’s work.
Among the matters examined were allegations that Chauke delayed prosecutions linked to the Passenger Rail Agency of South Africa (Prasa), interfered in the decade-long R1.2 billion corruption case involving former Gauteng Health MEC Brian Hlongwa, and declined to prosecute former Crime Intelligence boss Richard Mdluli on murder-related charges.
He also came under scrutiny for authorising racketeering charges against former KwaZulu-Natal Hawks head Johan Booysen and members of the Cato Manor organised crime unit, a prosecution that critics argued lacked sufficient evidence.
The inquiry, which sat in Pretoria over several months, heard extensive testimony from senior prosecutors, including Batohi herself.
In her evidence, Batohi accused Chauke of exceeding his prosecutorial authority and alleged that his handling of the Booysen matter was politically motivated. She further testified that there had been a strong prima facie case against Mdluli which Chauke allegedly failed to pursue, while advancing the Booysen prosecution despite weak evidence.
Chauke rejected the allegations.
In December 2025, Batohi abruptly ended her testimony and declined to continue with cross-examination without further consultation, drawing criticism from Parliament’s Portfolio Committee on Justice and Constitutional Development.
sinenhlanhla.masilela@iol.co.za
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