Batohi tells inquiry Chauke ignored evidence against Richard Mdluli

NATIONAL Director of Public Prosecutions (NDPP) Shamila Batohi has told the Nkabinde inquiry that Gauteng Director of Public Prosecutions (DPP) Andrew Chauke “did not act as a reasonable prosecutor” when he withdrew murder and related charges against former Crime Intelligence boss Richard Mdluli despite overwhelming indications that the case should have proceeded.

- HOPE NTANZI

Batohi is testifying before the inquiry chaired by retired Justice Elizabeth Nkabinde, assisted by Advocate Elizabeth Baloyi-Mere and attorney Matshego Ramagaga, with Evidence led by Advocate David Mohlomoynane SC.

She stated that she relied on affidavits, court documents, and other records because she did not have personal knowledge of all events, and explained that her affidavit had been prepared under severe time constraints.

Batohi said the charges against Mdluli arose from allegations dating back to 1998, including murder, attempted murder, kidnapping, intimidation, assault, and defeating the ends of justice relating to the killing of Tefo Oupa Ramogibe.

She summarised evidence compiled by the investigating officer, Colonel Kobus Roelofse, saying it showed “a history of threats, intimidation and violence” linked to Mdluli’s opposition to Ramogibe’s relationship with the late Tshidi Buthelezi.

She told the panel that Mdluli was arrested in March 2011. In November that year, his lawyers made representations to Chauke claiming a conspiracy by senior police officials.