By Johnathan Paoli
President Cyril Ramaphosa has received the long-awaited report of the inquiry into whether suspended South Gauteng Director of Public Prosecutions (DPP) Advocate Andrew Chauke is fit to continue holding office, bringing the formal investigative phase of the matter to a close.
Retired Constitutional Court Justice and Commission chair Baaitse Elizabeth Nkabinde handed the report to the President on Wednesday after concluding the inquiry established to examine serious allegations relating to Chauke’s fitness and propriety to remain in one of the National Prosecuting Authority’s most senior prosecutorial positions.
The Presidency confirmed that Ramaphosa would now study the report before deciding on Chauke’s future.
“The President will now study the report and subsequently make a determination,” Presidential spokesperson Vincent Magwenya said in a statement.
Ramaphosa established the inquiry on 29 September last year under section 12(6)(a) of the National Prosecuting Authority Act, following concerns over Chauke’s suitability to remain in office.
According to the Presidency, the inquiry’s terms of reference were drafted in accordance with section 179(3) of the Constitution, which safeguards the independence and proper functioning of the prosecuting authority.
Chauke has remained suspended since 20 July last year after Ramaphosa placed him on precautionary suspension pending the outcome of the inquiry.
In Wednesday’s statement, the President thanked Justice Nkabinde and the panel appointed to assist her for completing the inquiry.
“Today, President Ramaphosa expressed his appreciation to Enquiry Chairperson Justice Nkabinde, assisted by Adv Elizabeth Baloyi-Mere SC and Attorney Matshego Ramagaga, for the work undertaken by the panel,” Magwenya said.
The submission of the report follows hearings during which the panel heard evidence relating to Chauke’s conduct and leadership as head of the South Gauteng office of the NPA.
Before the report was finalised, the inquiry announced that all public hearings had been completed and that it had received the final written submissions from both the evidence leaders and Chauke’s legal team.
One of the inquiry’s most significant developments came last month when former National Director of Public Prosecutions Shamila Batohi informed the panel that she would not continue giving evidence.
Batohi said her decision followed careful consideration.
Her withdrawal drew attention because of her previous leadership role within the NPA and the potential relevance of her evidence to issues before the panel.
Despite that development, the inquiry proceeded to completion after receiving final submissions from both sides.
The report’s contents have not yet been made public, and the Presidency has not indicated when Ramaphosa is expected to announce his decision.
The outcome of Ramaphosa’s decision will determine whether Chauke is reinstated, removed from office or subjected to any further action arising from the inquiry’s findings.
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