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South Gauteng director of public prosecutions Andrew Chauke has been cleared of all accusations levelled against him by former national director of public prosecutions Shamila Batohi.President Cyril Ramaphosa conveyed this in a letter to Chauke this week.Last year, Ramaphosa appointed an inquiry, headed by Justice Bess Nkabinde, to investigate allegations that Chauke had instituted racketeering charges against former KZN Hawks head Maj-Gen Johan Booysen, and members of the Cato Manor unit, when there was no evidence to justify the decision.The inquiry also probed an allegation that Chauke had failed to continue with charges against Richard Mdluli, former head of crime intelligence in the SAPS, for his alleged involvement in the murder of Tefo Ramogibe, by withdrawing charges of murder and other related charges, despite strong evidence in the matter.Batohi walked out of the inquiry during cross-examination in December last year. She had faced tense questioning from Nkabinde about talking to a potential witness at the inquiry, KZN director of public prosecutions Elaine Harrison, despite being warned not to talk to anybody about the case while under oath.When Nkabinde asserted that Bahohi had exited the inquiry without a request or application through her team, Batohi replied that she was not seeking permission. “It is something I decided I needed to do because it concerns me and my integrity.“I did not want to come here because I did not want to be subjected to this kind of questioning. I would appreciate it if I could be excused now,” she added.Nkabinde reminded Batohi that the inquiry had been instituted at her request, and that a panel had been appointed to preside over the inquiry.“I would appreciate it if I could be excused,” Batohi replied.The panel continued with other witnesses and presented its report to Ramaphosa at the beginning of the month.In a letter to Chauke dated July 21, Ramaphosa said: “Having carefully considered the report of the panel and its findings in respect of all allegations contained in the terms of reference, I am satisfied that the allegations against you have not been substantiated by the evidence presented before the inquiry.”Ramaphosa said he accepted the findings and recommendations of the panel. “Consequently, I am satisfied that there is no basis upon which to conclude you are unfit to hold office as director of public prosecutions.”Ramaphosa said the panel found there was no credible evidence upon which it could conclude that Chauke took prosecutorial decisions as alleged in respect of the Cato Manor matter; or that he acted unlawfully in the performance of his co-ordination functions, functions that Chauke had been duly appointed to perform by then acting national director of public prosecutions Nomgcobo Jiba.In relation to the Mduli matter, the panel concluded, consistently with the findings of the Supreme Court of Appeal, that Chauke’s decision to provisionally withdraw the murder and related charges against Mdluli and to refer the matter to an inquest was not irrational. “The panel accordingly recommended that you be found fit to continue holding office as director of public prosecutions, South Gauteng.”In relation to racketeering charges instituted under the Prevention of Organised Crime Act, 1998, the panel found that evidence existed which supported the institution of such charges against Booysen and members of the Cato Manor unit.“The panel further found that there was no direct or credible evidence to support the allegations that you: breached the law, including the Constitution, the NPA Act, the Prosecution Policy, or any other applicable legal prescripts; or failed to exercise your prosecutorial discretion properly in the performance of your duties as director of public prosecutions.”TimesLIVE
