By Simon Nare
The Nkabinde Enquiry into the fitness of South Gauteng Director of Public Prosecutions, Advocate Andrew Chauke, to hold office has heard how a key docket, missing for years and untraced by the National Prosecuting Authority (NPA), resurfaced during proceedings.
The enquiry, chaired by retired Constitutional Court Justice Bess Nkabinde, was told by evidence leaders that the docket relates to the killing of police Superintendent Zethembe Chonco.
It was traced to a member of the Cato Manor organised crime unit, identified as Paul Mostert.
Evidence leader Advocate David Mohlamonyane initially hesitated to reveal the source of the document, prompting visible frustration from Nkabinde.
“What is the source of this document? Where did you find it, because everybody has been looking for it?” she asked.
When Mohlamonyane began a lengthy explanation, Nkabinde cut him short.
“No, but let’s get to the point. My question is very straightforward, Mr Mohlamonyane. Where did you find the document, because everybody is saying we have not found it,” she said.
“I am getting there, chairperson,” Mohlamonyane replied.
But Nkabinde pressed further: “No, no, we can’t spend so much time on this simple question. Where did you find it?”
Cornered, Mohlamonyane told the enquiry that while consulting former Cato Manor unit head, General Johan Booysen, in preparation for cross-examination, he had been directed to Mostert.
Nkabinde then urged all parties to be transparent with the panel, stressing that both legal teams must share documents.
However, Chauke’s legal representative, Advocate Tembeka Ngcukaitobi, challenged the circumstances under which the docket was obtained.
Ngcukaitobi argued that Mostert — from whom the document was sourced — faces multiple serious charges.
“Mr Mostert has 13 murder charges against him. He killed 13 people, and that’s the person the evidence leaders are using in these proceedings,” he said.
Mohlamonyane objected, explaining that he had sought the document specifically to assist in the cross-examination of former KwaZulu-Natal Independent Police Investigative Directorate official Shamila Williams.
“The document has not been sitting with me. I asked for material that could assist me in my cross-examination of Shamila Williams, and these are the documents that I got,” he said.
He rejected any suggestion of prior knowledge about the docket’s whereabouts.
“My learned friend is being suggestive — implying that I knew all along where the documents were,” he added.
Mohlamonyane further cautioned against portraying the evidence leaders as consulting with “criminals” or “suspects,” saying he had simply approached Mostert to obtain the document.
Nkabinde later asked Chauke where such a docket would ordinarily be kept.
Chauke explained that, following the withdrawal of charges against Cato Manor unit members, dockets would typically be returned to the police stations where the cases were originally opened, to be retrieved if charges were reinstated.
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