Suspended NPA Gauteng head Chauke set to face inquiry into fitness to hold office

The suspended head of the National Prosecuting Authority (NPA) in Gauteng, Advocate Andrew Chauke, is set to face an inquiry into his fitness to hold office.

It follows his suspension in July, almost two years since NPA head Shamila Batohi first wrote to the president requesting disciplinary action against him.

Retired Constitutional Court judge Bess Nkabinde will lead the probe in terms of the NPA Act.

Chauke has held the job since 2011, during which time he's faced several allegations of quashing prosecutions against the politically connected.

Chauke's suspension two months ago was welcomed by several public-interest groups and some political parties following years of perceptions that his actions have been questionable.

This includes withdrawing a murder case against former police Crime Intelligence head Richard Mdluli and pursuing racketeering charges against a former KwaZulu-Natal Hawks head, Johan Booysen, and a Cato Manor police unit, despite lack of evidence.

Presidency spokesperson Vincent Magwenya said judge Nkabinde will be assistedby advocate Elizabeth Baloyi-Mere and attorney Thenjiwe Vilakazi in probing the claims.

“The inquiry will look into serious allegations regarding advocate Chauke’s fitness and propriety to hold office as a director of public prosecutions and as a member of the National Prosecuting Authority.”

The inquiry will submit its findings to the president.

The last time an inquiry was held in terms of this provision of the act, Nomgcobo Jiba and Lawrence Mrwebi, who held the positions of deputy national director of public prosecutions and special director of public prosecutions respectively, were both dismissed by Parliament in 2019 following the findings of the inquiry led by the late Justice Yvonne Mokgoro.

Judge Nkabinde will determine the seat of the inquiry and its procedures following consultation with the justice minister.