Ramaphosa suspends Gauteng prosecuting head Andrew Chauke

Picture of Faizel Patel

By Faizel Patel

Senior Journalist


Ramaphosa asked Chauke to provide reasons why he should not be suspended.


President Cyril Ramaphosa has suspended the South Gauteng Director of Public Prosecutions, Andrew Chauke, with immediate effect pending an inquiry into his fitness to hold office.

On Monday night, the Presidency said Ramaphosa took the decision in terms of section 14(3) read with 12(6)(a) of the National Prosecuting Authority Act.

Reasons

“Having asked Advocate Chauke to provide reasons why he should not be suspended, President Ramaphosa has decided suspension is the correct course of action pending an inquiry,” said Ramphosa’s spokesperson Vincent Magwenya.

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“President Ramaphosa has informed Advocate 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.

Accusations

Magwenya said Ramaphosa believes Chauke’s “continued tenure as Director of Public Prosecutions – while facing serious accusations – would negatively affect the reputation of the National Prosecuting Authority (NPA) as a whole.”

“President Ramaphosa is also concerned that Adv Chauke will not be able to fulfil his functions optimally while facing an inquiry.”

Shamilla Batohi

Sunday World previously reported that NPA boss Shamila Batohi told Chauke that she was writing to Ramaphosa after demanding answers from Chauke regarding various decisions he had allegedly made, so that she could decide what to do about it and him.

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Batohi reportedly questioned Chauke on his apparent initial reluctance to prosecute former president Jacob Zuma’s son Duduzane for culpable homicide despite a magistrate having found there was prima facie evidence that Duduzane may have been negligent when losing control of his Porsche and crashing into a taxi in 2014. A Zimbabwean woman died, and three people were left injured.

In 2019, the Randburg Magistrate’s Court acquitted Duduzane of culpable homicide.

Batohi also reportedly questioned Chauke on why former police crime intelligence head Richard Mdluli was not prosecuted on a murder charge related to the 1999 shooting of Oupa Ramogibe, a former lover of his then-girlfriend.

Mdluli was later cleared of his involvement in Ramogibe’s murder and convicted of assault with the intention to do grievous bodily harm and two charges of kidnapping.

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