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 alleged killings of taxi operators by the Cato Manor organised crime unit were brought before courts for inquest rulings, but magistrates ultimately held no one accountable.
Under cross-examination by evidence leader Advocate David Mohlamonyane, Chauke told the enquiry, chaired by retired Constitutional Court Justice Bess Nkabinde, that many of the cases were taken to court to determine responsibility for the killings, but requests for inquests were declined.
He said that even after these rulings, the prosecution team remained ready to charge members of the unit to ensure accountability.
Mohlamonyane put it to Chauke that some of the cases the prosecution sought to pursue had already been subject to judicial pronouncements, effectively exonerating the officers.
“Is that allowed in law?” Mohlamonyane asked. Chauke replied that it was.
He added that, following discussions after the inquest rulings, prosecutors ultimately decided not to pursue that route and instead considered criminal prosecution.
The enquiry has previously heard testimony that officers allegedly hunted down KwaMaphumulo Taxi Association operators, killed them in cold blood, and planted firearms at the scene to support claims of self-defence.
Evidence before the enquiry further alleges that members of the unit were paid for the killings by the rival KwaDukuza Taxi Association, formerly known as Stanger.
This claim was reiterated by KwaMaphumulo Taxi Association chairperson Sphamandla Mhlongo.
Chauke also told the enquiry that National Director of Public Prosecutions Advocate Shamila Batohi failed to exercise her powers to reinstate murder charges against former crime intelligence boss General Richard Mdluli, but later blamed him for the decision.
Mdluli was accused of the 1999 murder of Oupa Ramogibe, who had begun a relationship two years earlier with Mdluli’s then-girlfriend while she was still involved with him.
Mdluli was arrested in 2011 in connection with the murder of Ramogibe.
He was facing charges of murder, attempted murder, kidnapping, intimidation, corruption and defeating the ends of justice.
The Mdluli matter forms part of the complaints Batohi raised in requesting President Cyril Ramaphosa to establish the enquiry, characterising it as misconduct.
Chauke testified that the decision not to proceed with murder and attempted murder charges against Mdluli was taken by then acting NDPP Mxolisi Nxasana, who concluded there was insufficient evidence to secure a conviction.
He argued that the authority to withdraw or reinstate charges rests with the NDPP, not a DPP.
If Batohi believed there were reasonable prospects of success, she could have pursued the charges, Chauke said, adding that she was now unfairly shifting blame.
Chauke further contended that Batohi had misread or misunderstood a Supreme Court of Appeal judgment relating to his decision to provisionally withdraw the charges. He explained that the provisional withdrawal allowed for reinstatement should new evidence emerge.
“What has happened, as I indicated, is a misreading or misunderstanding of the judgment. Once the SCA ruled, the decision on the murder charge reverted to the National Director. I could not, in terms of that judgment, make that decision myself.
“Because that decision then became one for the NDPP, which she made. So how Advocate Batohi and those around her conclude that I failed to reinstate the charges is beyond comprehension,” he testified.
Concluding his evidence in chief, Chauke expressed gratitude to the enquiry for giving him an opportunity to present his version after years of being portrayed as corrupt and captured.
He said the process had brought relief to his family and close associates, who had relied on media reports and untested allegations, adding that the enquiry had now helped clarify what transpired.
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