The Nkabinde inquiry into suspended director of public prosecutions (DPP), Johannesburg Advocate Andrew Chauke, will kick off on Monday in Pretoria, with the National Director of Public Prosecutions, Shamila Batohi, scheduled as the first witness.
The inquiry, which is expected to last for four months, will be headed by retired Constitutional Court Judge Bess Nkabinde. The evidence leaders are Advocate Mmotse David Mohlamonyane SC and Petunia Thulare-Sebone. Attorney Matshego Ramagaga and Advocate Elizabeth Baloyi-Mere SC will serve on the panel, together with Judge Nkabinde.
Chauke was suspended in July after Batohi, nearly two years ago, asked for disciplinary action to be taken against him. Since he started in disposition in 2011, he has faced allegations of quashing prosecutions against politically connected people. The panel is expected to inquire into, report on, and make findings and/or recommendations on a number of allegations against Chauke and his fitness to hold office as a prosecutor, in particular, in the capacity as a DPP.
Matters which are expected to come under the spotlight include the institution of the racketeering charges in terms of the Prevention of Organised Crime Act (Poca) against KwaZulu-Natal Hawks head Major-General Johan Booysen and members of the Cato Manor organised crime unit. The defence of those actions in subsequent review proceedings brought by Booysen to have the racketeering certificates set aside will also come under the spotlight.
According to the inquiry’s terms of reference, Chauke supported a decision to prosecute the accused, notwithstanding that there was no evidence justifying the decision. He also allegedly sought to improperly have the acting DPP in KwaZulu-Natal sign the case dockets and/or prosecution memorandum detailing the alleged evidence implicating the accused, on which the decision to indict had to be made.
It is claimed that he also recommended to then acting National Director of Public Prosecutions Advocate Nomgcobo Jiba the application for issuing a racketeering authorisation in terms of Poca, whereas there was no evidence justifying the institution of racketeering charges against the accused.
In addition, Chauke allegedly failed to continue with charges against former police crime intelligence boss Lieutenant-General Richard Mdluli for his involvement in the murder of Tefo Abel Ramogibe.
The inquiry must also establish whether, in fulfilling his responsibilities as DPP, Chauke complied with the Constitution, the National Prosecuting Authority (NPA) Act, and any other relevant laws in his position as a senior leader in the NPA.
Also, whether Chauke exercised his powers and performed his duties and functions in accordance with prosecution policy and policy directives as determined by the NPA Act and acted at all times without fear, favour, or prejudice.
The inquiry is expected to be completed within four months of its commencement date or such an extended period as President Cyril Ramaphosa may determine upon submission of an interim report to him and reasons for an extension of the four-month period for the completion of the report.
The chief evidence leader is meanwhile expected to deliver the opening address on Monday. Proceedings are set to formally begin unless any party raises preliminary matters requiring determination by the panel. Batohi is expected to start her evidence on Tuesday.
zelda.venter@inl.co.za
