By Simon Nare
President Cyril Ramaphosa has lifted the suspension of Gauteng Director of Public Prosecutions Advocate Andrew Chauke after the Nkabinde Inquiry found no credible evidence that he was unfit to hold public office.
The Presidency announced on Wednesday that Ramaphosa had informed Chauke that the inquiry had exonerated him, finding no basis to conclude that he had acted unlawfully in prosecutorial decisions relating to the Cato Manor matter or in carrying out his coordination duties.
Ramaphosa established the inquiry on September 29, 2025, in terms of Section 12(6)(a) of the National Prosecuting Authority Act.
The inquiry, chaired by retired Constitutional Court Justice Elizabeth Nkabinde, was tasked with determining whether Chauke remained fit to hold office.
The inquiry followed a request by former National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi, who raised concerns about Chauke’s conduct.
She alleged that he had made politically motivated prosecutorial decisions and failed to act in several high-profile corruption cases.
Batohi’s testimony, however, was cut short after she came under cross-examination by Chauke’s legal representative, Advocate Tembeka Ngcukaitobi.
She requested permission to appoint independent legal representation and later chose not to continue giving evidence, despite that request being granted.
Her subsequent bid to place written submissions before the inquiry was rejected. In her ruling, Nkabinde said the submissions amounted to a “curated, untested, self-justifying narrative”.
According to the Presidency, the inquiry considered extensive oral and documentary evidence, expert opinions, witness statements and legal submissions before concluding there was no factual basis for the allegations against Chauke.
“The Panel has also found that Adv Chauke’s decision to provisionally withdraw the murder and related charges against former Crime Intelligence head General Richard Mdluli, and to refer the matter to an inquest, was not irrational,” the Presidency said.
“In view of these and other findings that exonerate Adv Chauke, President Ramaphosa is satisfied that there is no basis upon which to conclude that Adv Chauke is unfit to hold office as Director of Public Prosecutions.”
The Presidency added that the panel found no credible evidence to support claims that Chauke had acted unlawfully in relation to the Cato Manor matter or in the performance of his coordination functions.
Ramaphosa thanked Chauke for his cooperation throughout the inquiry.
He said he trusted that the conclusion of the matter would enable him to continue discharging his constitutional and statutory responsibilities “with dedication and integrity in service of the National Prosecuting Authority and the nation.”
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