By Johnathan Paoli
President Cyril Ramaphosa has suspended South Gauteng’s Director of Public Prosecutions (DPP) Andrew Chauke with immediate effect pending a formal inquiry into his fitness to hold office.
Presidential spokesperson Vincent Magwenya said Ramaphosa reached the decision after affording Chauke the opportunity to submit reasons why he should not be suspended.
“President Ramaphosa has informed Adv Chauke of his decision in writing and indicated that the President and the public would benefit from an independent assessment of issues that require elucidation and on which there are disputes of fact,” Magwenya said.
“The President believes Adv Chauke’s continued tenure as Director of Public Prosecutions – while facing serious accusations – would negatively affect the reputation of the National Prosecuting Authority as a whole.”
The presidency confirmed the decision on Monday evening, stating it was made under Section 14(3) read with Section 12(6)(a) of the National Prosecuting Authority (NPA) Act.
The suspension will remain in effect while an inquiry determines whether Chauke is fit to continue in the position he has held since 2011.
The move follows years of criticism, allegations of political bias, and growing frustration within Parliament and civil society over the lack of accountability in high-profile prosecutions.
Ramaphosa believes that Chauke’s continued tenure, while facing serious accusations, could damage the credibility of the NPA and hinder the effectiveness of its operations.
Magwenya added that the president is also concerned that Chauke will not be able to fulfil his functions optimally while facing an inquiry.
Chauke’s career has long been shadowed by allegations of politically motivated decision-making.
Critics have accused him of acting as a “gatekeeper” within the NPA, shielding high-profile individuals from prosecution while stalling critical state capture-related cases.
Among the most controversial matters linked to Chauke is his handling of the 1999 murder of Oupa Ramogibe, a former partner of Crime Intelligence boss Richard Mdluli’s wife.
Despite strong suspicion, Chauke did not move forward with murder charges.
Mdluli was eventually convicted on unrelated charges of assault and kidnapping.
Chauke was also questioned by NPA head Shamila Batohi over his initial reluctance to prosecute former President Jacob Zuma’s son, Duduzane, for culpable homicide.
A Randburg magistrate had found prima facie evidence following a 2014 accident in which Duduzane’s Porsche collided with a minibus taxi, killing a Zimbabwean woman.
Duduzane was later acquitted.
Ramaphosa’s decision comes after sustained pressure from opposition parties, most notably ActionSA.
In November last year, ActionSA parliamentary leader Athol Trollip criticised the President’s inaction on Batohi’s formal request to suspend Chauke, first submitted in 2023.
Trollip described Chauke as a central figure in “questionable prosecutions and, more strikingly, the lack thereof.”
He cited the abrupt withdrawal of charges against former Minister Zizi Kodwa, a decision signed off by Chauke, as evidence of political shielding and prosecutorial bias.
Justice Minister Mmamoloko Kubayi previously confirmed in Parliament that the President had received Batohi’s request, alongside a full report that took more than eight months to compile.
Members of Parliament, including the Democratic Alliance’s Damien Klopper and Economic Freedom Fighters’ Nazier Paulsen, have criticised the delays and questioned the Department of Justice’s support for the NPA.
Kubayi rejected claims of political interference, insisting that prosecutorial decisions fall solely under the NPA and not her department.
Meanwhile, the MK Party’s Sipho Mbatha used the debate to suggest that Batohi herself be suspended, citing a “glaring pattern of incompetence” at the helm of the NPA.
Kubayi responded that no grounds for disciplinary action against Batohi had been formally presented.
Chauke’s suspension comes amid wider concerns about dysfunction within the NPA and other state institutions.
Critics point to a “culture of resistance” within public entities, where underperforming employees are rarely held accountable and political meddling weakens oversight.
Recent cases, including the failed prosecution of Moroadi Cholota, the former assistant to Ace Magashule, have deepened scepticism around the NPA’s ability to deliver justice.
A Free State High Court ruled that Cholota could not be tried in South Africa because the Justice Ministry, not the NPA, had initiated her extradition from the United States.
Similarly, concerns about weakened accountability and strategic delay tactics have plagued prosecutions linked to the Zondo Commission’s state capture findings.
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