Inquiry chair dismisses NPA boss Batohi's demands

RETIRED Constitutional Court Judge Bess Nkabinde drew a line in the sand at the start of the inquiry into the fitness of suspended Director of Public Prosecutions, Advocate Andrew Chauke, saying it was not for outgoing National Director of Public Prosecutions Shamila Batohi to decide how she wanted to testify.

Batohi is instrumental to the inquiry as Chauke was suspended in July by President Cyril Ramaphosa, following her recommendation in this regard. 

At the opening of Monday’s proceedings, evidence leader Advocate David Mohlamonyane told the panel that Batohi asked to give her evidence in one sitting, meaning that she wanted to present her main evidence and directly face questions from Chauke's team. The latter, however, indicated that they may want to prepare to cross-examine her.

Mohlamonyane said Batohi appears not to be comfortable with only facing the questions later. This prompted Judge Nkabinde to make it clear that it will be decided after her evidence whether Chauke’s team will need to prepare for her cross-examination.

“We will not delay the inquiry because Advocate Batohi wants to do what she wants. She lodged the complaint with the president, resulting in this inquiry. We will cross the bridge as to what happens later,” said Judge Nkabinde.

Chauke is accused of protecting politically connected people and mishandling 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, Mohlamonyane said during his opening speech.

Chauke is being represented by Advocate Tembeka Ngcukaitobi during the hearing. 

Mohlamonyane said the inquiry concerns two broad complaints against Chauke. The first relates to the institution of racketeering charges against former Hawks head Major-General Johan Booysen and members of the Cato Manor Unit and the subsequent defences of the proceedings instituted by Booysen to set aside the racketeering certificates.

The second relates to his conduct regarding the failure to continue with charges against Lieutenant-General Richard Mdluli. This relates to Mdluli’s alleged involvement in the murder of Tefo Ramogibe. Both matters resulted in a great deal of litigation at the instance of various public interest bodies and civic organisations.

The issues relating to Booysen resulted in the establishment of an inquiry into the fitness of former Acting NDPP Nomgcobo Jiba to hold office. Similarly, did the Mdluli matter when an inquiry was held into the fitness of former Special DPP Head Lawrence Mwrebi. Instrumental to all this was Chauke’s actions, Mohlamonyane said.

In referring to the Booysen matter, he set out how Chauke apparently insisted on Booysen’s and members of the Cato Manor Unit’s prosecutions on racketeering charges, while there was no evidence to link them to this. Mohlamonyane said even after the courts had cleared Booysen’s name, Chauke was still instrumental in fighting those judgments. He pointed out that the sentence, if found guilty of racketeering, includes life imprisonment.

Regarding Mdluli, who was previously the head of Crime Intelligence, Mohlamonyane set out in detail how Chauke allegedly did all in his power to prevent Mdluli from being prosecuted on murder, attempted murder, and other charges.

This, he said, is in spite of prima facie evidence linking him to these offences. Mohlamonyane said the mother of murder victim Oupa Ramogibe eventually passed away without seeing justice for her son.

Chauke’s legal team is expected to present their opening remarks when the inquiry resumes this morning, where after Batohi takes the stand.

Cape Times