By Simon Nare
The Nkabinde Inquiry into Andrew Chauke’s fitness to hold office heard Tuesday that KwaZulu-Natal prosecutors feared the Cato Manor unit so deeply they sought outside prosecutors to handle cases involving its officers, viewed as untouchable and dangerous.
Former Hawks senior officer Ntebo Jan Mabula told the inquiry, chaired by retired Constitutional Court Justice Bess Nkabinde, that former acting KwaZulu-Natal Director of Public Prosecutions Cyril Mlotshwa had approached him with a request that local prosecutors be excused from handling Cato Manor-related cases.
The inquiry was established by President Cyril Ramaphosa following complaints of misconduct lodged by former National Director of Public Prosecutions Shamila Batohi.
Mabula, who led a multidisciplinary team appointed by former Hawks head Anwa Dramat to investigate the killings of taxi operators allegedly linked to the Cato Manor unit, said Mlotshwa requested an unusual meeting, not at his office, but in a parking lot.
“Late in the afternoon, after hours, Advocate Mlotshwa and I, accompanied by team members, met at the venue. During that meeting, I briefed him on the nature of the investigation, including allegations arising from the Sunday Times exposé and subsequent developments following the ministerial briefing,” Mabula testified.
“Mlotshwa informed me that, in his assessment, prosecutors within KwaZulu-Natal would be reluctant to become involved in a matter of this nature. He explicitly stated that members of the Cato Manor unit were dangerous, creating real concern for prosecutors working within the province.”
According to Mabula, Mlotshwa advised that prosecutorial support be sourced from outside KwaZulu-Natal and that the matter be escalated to then acting National Director of Public Prosecutions Nomcebo Jiba, undertaking to raise it personally.
Later that day, Mlotshwa confirmed he had spoken to Jiba, and arrangements were made for a meeting at the National Prosecuting Authority’s headquarters in Pretoria.
During proceedings, Chauke’s counsel, Tembeka Ngcukaitobi, said the inquiry was hearing for the first time that external prosecutors were considered because the provincial DPP himself feared the unit’s members.
He argued that the reluctance to prosecute effectively aided the officers by delaying accountability.
“I want to link this to why there were no prosecutions emanating from this case. The dockets, on the evidence we have heard, were sent to the NPA in KwaZulu-Natal, which declined to prosecute all of them,” he submitted.
Mabula confirmed that Mlotshwa had conveyed fears among provincial prosecutors.
Ngcukaitobi further argued that documents created the impression that Mlotshwa’s involvement stemmed from Jiba, rather than his own office, suggesting a lack of transparency about the origin of the decision to involve external prosecutors.
Mabula testified that in early March 2012, he and the late Colonel Tsietsi Mano met Jiba and presented progress on the Cato Manor investigations, noting that several dockets were nearing completion and required prosecutorial guidance.
He said Jiba asked whether he could recommend prosecutors from outside the province. He proposed former North West Director of Public Prosecutions Sello Maema.
Mabula added that individuals involved in the Cato Manor cases were often threatened or intimidated.
He told the inquiry that 11 charges were later “concocted” against him because of his role in the investigation, but he was ultimately cleared by the High Court.
“It is powerful people. My name was often in the news, the same as Advocate Chauke, the same as Advocate Maema, all because of this case,” he said.
Following the conclusion of Mabula’s evidence-in-chief, Ngcukaitobi indicated that Chauke’s legal team would close its case, with the option to reopen it if necessary.
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