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Batohi says facts, not opinion, drove her Chauke recommendation

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By Johnathan Paoli

National Director of Public Prosecutions (NDPP) Shamila Batohi has insisted that evidence, and not legal opinion favourable to her view underpinned her recommendation to President Cyril Ramaphosa to consider an inquiry into South Gauteng Director of Public Prosecutions Andrew Chauke’s fitness to hold office.

Testifying before the Nkabinde Inquiry on Friday, Batohi repeatedly stressed that her decision-making process was grounded in a comprehensive assessment of documentation, opinions and investigative material accumulated over several years.

The inquiry, chaired by retired Justice Baaitse Nkabinde, with advocate Elizabeth Baloyi-Mere and attorney Matshego Ramagaga as panel members, continued its scrutiny of Chauke’s conduct in the Booysen and Mdluli matters.

These cases have long raised questions about prosecutorial decisions within the National Prosecuting Authority (NPA), particularly concerning the withdrawal or non-enrolment of serious charges.

Batohi, who assumed office in February 2019, told the panel that the first formal step she took regarding

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