Inquiry into Chauke's conduct raises questions about prosecutorial integrity

NATIONAL Prosecuting Head Advocate Shamila Batoyi was yesterday confronted with the question of whether the terms of reference in the Nkabinde Inquiry did not read more like an indictment in a criminal prosecution.

- ZELDA VENTER

This question was posed by retired Constitutional Court Judge Bess Nkabinde, who is heading the inquiry into the fitness of suspended Johannesburg Director of Public Prosecutions, Andrew Chauke. Judge Nkabinde said it seems to her that President Cyril Ramaphosa's terms of reference to the Inquiry are "akin to an indictment in a criminal prosecution." Batoyi responded, "broadly, but not limited to".

Yesterday was the fourth day of Batoyi giving evidence in the Inquiry, which she was instrumental in orchestrating. Chauke is facing allegations that he protected politically connected people and mishandled high-profile cases.

His alleged actions, which resulted in drawn-out litigation, were not only costly as the NPA faced many cost orders against it over the years, but his actions also harmed the reputation of the National Prosecution Authority, it is claimed.

Evidence leader Advocate David Mohlamonyane, earlier in his opening address, said the inquiry concerns two broad complaints against Chauke.