Batohi allegations rejected as Andrew Chauke declared fit for office

Andrew Chauke, the South Gauteng Director of Public Prosecutions who spent a year on suspension, has been declared fit to hold office after an inquiry found no credible evidence that he acted unlawfully.

Inquiry and findings

The inquiry was led by retired Constitutional Court Justice Baaitse Nkabinde, whose report was formally handed to President Cyril Ramaphosa early this month. In a statement, the Presidency said the inquiry found no credible evidence to conclude Chauke had acted unlawfully in his coordination functions.

The inquiry also concluded that Chauke’s decision to provisionally withdraw the murder and related charges against former Crime Intelligence head General Richard Mdluli and to refer the matter to an inquest was not irrational.

“In view of these and other findings that exonerate Adv Chauke, President Ramaphosa is satisfied that there is no basis upon which to conclude that Adv Chauke is unfit to hold office as Director of Public Prosecutions,” read the statement.

Background and allegations

Chauke had been on paid suspension since 20 July 2025, pending the outcome of the inquiry. His suspension followed a request by former National Director of Public Prosecutions Shamila Batohi for proceedings to be instituted against him, a request first made almost two years earlier.

Batohi’s concerns focused on the withdrawal of several State Capture–related prosecutions and broader shortcomings at the South Gauteng office. Over the years, Chauke faced repeated accusations that he protected politically connected individuals and that he delayed or obstructed several high-profile corruption cases; those claims were central to the inquiry’s work.

Matters examined at the hearings

The inquiry examined a range of allegations, including that Chauke delayed prosecutions linked to the Passenger Rail Agency of South Africa (Prasa), interfered in the decade-long R1.2 billion corruption case involving former Gauteng Health MEC Brian Hlongwa, and declined to prosecute Richard Mdluli on murder-related charges.

Chauke was also scrutinised for authorising racketeering charges against former KwaZulu‑Natal Hawks head Johan Booysen and members of the Cato Manor organised crime unit, prosecutions which critics argued lacked sufficient evidence.

Hearings and testimony

The inquiry sat in Pretoria over several months and heard extensive testimony from senior prosecutors, including Batohi. In her evidence, Batohi accused Chauke of exceeding his prosecutorial authority and suggested his handling of the Booysen matter was politically motivated; she also said there was a strong prima facie case against Mdluli that Chauke had failed to pursue. Chauke rejected the allegations.

In December 2025, Batohi abruptly ended her testimony and declined to continue with cross-examination without further consultation, a decision that drew criticism from Parliament’s Portfolio Committee on Justice and Constitutional Development.

Result

Following the inquiry’s findings and the Presidency’s statement, Andrew Chauke has been cleared to hold office as Director of Public Prosecutions for South Gauteng.