The inquiry into the fitness to hold office of suspended Director of Public Prosecutions, South Gauteng Andrew Chauke took an unusual step of allowing the top prosecutor to start calling his witnesses before evidence leaders finalised their case.
Evidence leaders had applied to the inquiry chaired by retired Constitutional Court Justice Bess Nkabinde with panel members Advocate Lizzy Baloyi-Mere SC and attorney Matshego Ramagaga for a postponement but the panel accepted an agreement that Chauke will lead his evidence before the evidence leaders have finalised their evidence.
Chauke’s legal team led by Advocate Tembeka Ngcukaitobi SC had opposed the application for postponement by evidence leaders and instead filed a counter-application to call their witnesses while the evidence leaders were still getting their house in order.
The evidence leaders applied for postponement of the hearing to Monday, February 16, citing among other reasons, that they do not have a witness or witnesses that are ready to be called.
In addition, they added that the fact that now ex-National Director of Public Prosecutions Advocate Shamila Batohi‘s personal legal representative would be appointed soon and by early in the past week they heard that a lawyer had been appointed.
As a result, the evidence leaders could not commit to when Batohi will take the witness stand if she is so advised. Justice and Constitutional Development minister Mmamoloko Kubayi has denied Batohi state-funded legal representation and she (Batohi) has since asked for assistance from her successor as NDPP, Advocate Andy Mothibi.
“We, as a panel, agree with this approach for the sake of expediency, with a view to avoid prejudice on the part of Advocate Chauke if the inquiry is delayed further,” Baloyi-Mere said.
Chauke was suspended on July 20 last year and the president has until July 19, 2026, to announce his decision, in terms of the National Prosecuting Authority (NPA) Act.
“Given these time frames, it is clear that the enquiry does not have much time. Further undue delays cannot be entertained. Against this background, we have considered the draft ruling by the parties in terms of which an agreement has been reached,” added Baloyi-Mere.
The inquiry dismissed the application for postponement but granted the relief sought by Chauke.
“Subject to the direction of the panel, the evidence leaders may give notice of their intention to lead further evidence after Advocate Chauke’s witnesses have been led and his case has been closed,” this week’s ruling read.
As a result, Chauke opened his case and commenced with leading evidence this past Thursday, February 12, and called Advocate Sello Maema, formerly the Deputy Director of Public Prosecutions in the North West.
Maema told the inquiry this week that he was pushed out of the National Prosecuting Authority by Batohi and instead chose to retire after over three decades.
Chauke faces tough questions around the prosecution of former KwaZulu-Natal Hawks head Major-General Johan Booysen and members of the Cato Manor Organised Crime Unit as well as his failure to continue with charges against former police crime intelligence boss Lieutenant-General Richard Mdluli for his involvement in the murder of Tefo Abel Ramogibe, among others.
Loyiso Sidimba
iol.co.za
