The Inquiry into the Fitness to Hold Office of Advocate Andrew Chauke, known as the Nkabinde Inquiry, has intensified its focus this week as National Prosecuting Authority (NPA) leadership provides critical testimony concerning allegations of grave misconduct. Established by President Cyril Ramaphosa on 29 September 2025, the inquiry seeks to determine whether Chauke, the Director of Public Prosecutions (DPP) for the South Gauteng Division, remains fit and proper to continue holding his office.

The investigation was formally launched following a complaint filed by the National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, and centres on allegations that Chauke obstructed key criminal prosecutions. These serious claims suggest that Chauke effectively shielded high-profile individuals from facing justice. Evidence leader Advocate David Mohlamonyane has argued that Chauke’s conduct undermined the administration of justice, exposed the NPA to civil litigation, and generally brought the institution into disrepute. The President has the statutory power to remove a Public Prosecutor on grounds including misconduct or lack of fitness, which are the standards currently under review.

Batohi Details Violations of Prosecutorial Protocol

NDPP Shamila Batohi’s testimony has sharpened the Nkabinde Enquiry’s focus on the powers and constitutional responsibilities of NPA chiefs. Batohi detailed how Chauke allegedly made politically influenced decisions in high-profile matters.

A key focus is Chauke’s role in the racketeering prosecution concerning former KwaZulu-Natal Hawks boss Major-General Johan Booysen and members of the Cato Manor Unit police. Batohi informed the inquiry how the indictment in the Booysen case “went off the rails”. She testified that Chauke acted unlawfully by pressuring acting former KZN DPP Cyril Mlotshwa to sign an indictment without having received the underlying evidence.

According to Batohi, Mlotshwa’s subsequent refusal to sign was consistent with both legal and ethical obligations, as signing such a document without verifying the evidence would constitute an unlawful act. Despite Mlotshwa’s resistance, the prosecution team reportedly bypassed his authority entirely, reporting directly to Chauke and withholding access to critical documents. Batohi stressed that such conduct disregarded standard protocols designed to maintain prosecutorial independence and integrity, thereby undermining Mlotshwa’s authority.

Scrutiny on High-Profile Cases

Beyond the Booysen case, the inquiry is also examining Chauke’s decision to discontinue murder charges against former police crime boss Lt General Richard Mdluli. The racketeering charges against Major-General Booysen and his colleagues were eventually dropped by the NPA. Booysen had previously alleged in 2019 at the State Capture Commission of Inquiry that he was targeted because he refused to scrap investigations into politically-connected characters, specifically referencing an alleged R60-million corruption case involving businessman Thoshan Panday and police Colonel Navin Madhoe.

In response to the mounting evidence, Chauke’s legal team, led by senior counsel, presented an assertive opening defence, seeking to dismantle the allegations against him. They argued that the case presented is factually incorrect, legally defective, and fundamentally incompatible with the constitutional framework governing prosecutorial decision-making in South Africa.

However, the continued scrutiny on Chauke’s actions maintains a focus on broader concerns regarding institutional harm and the erosion of public trust in the country’s justice system. The inquiry is committed to a process of fairness and transparency, adhering to the rules of natural justice while upholding the integrity and independence of the National Prosecuting Authority. NDPP Batohi’s evidence on the powers of NPA chiefs is set to continue as the inquiry proceeds