Interference marred prosecutorial decisions, NPA boss tells inquiry

THE emails, affidavits, and documents before the panel probing suspended Deputy Director of Public Prosecutions Advocate Andrew Chauke’s fitness to hold office point to prima facie interference in prosecutorial decision-making. 

This is according to National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi who told the inquiry led by retired Constitutional Court Justice Bess Nkabinde that it was unlawful for Chauke to push for the signing of an indictment in the matter involving ex-Hawks KwaZulu-Natal head Johan Booysen without providing supporting evidence to the acting provincial DPP at the time, Advocate Cyril Mlotshwa.

Explaining the nature of an indictment, Batohi said it is a document used in the High Court that sets out the charges against an accused, typically accompanied by a summary of the substantial facts underlying those charges.

She said Mlotshwa had refused to sign an indictment emailed to him by Chauke on 12 June 2012, because the supporting evidence was not included despite repeated requests. 

She told the panel that Mlotshwa emphasised that signing such a document without verifying the evidence would be unlawful.

However, the prosecution team bypassed Mlotshwa and reported directly to Chauke, leaving Mlotshwa without access to key documentation, said Batohi. 

The email chain showed Mlotshwa repeatedly raising concerns, including a written warning that he could not sign anything without first confirming the evidence supporting the charges.

Batohi also drew attention to a remark in which Chauke told Mlotshwa to express discomfort if he had any, so that Chauke could escalate the matter to the Acting NDPP and the Minister. Batohi said the reference to the Minister was problematic, as the Minister has no role in prosecutorial operations.

The inquiry heard that Mlotshwa was removed as Acting KwaZulu-Natal DPP on 9 July 2012. Advocate Moipone Noko was appointed days later on the recommendation of then-Acting NDPP Advocate Nomgcobo Jiba.

Batohi said that on 10 July 2012, the day after Mlotshwa’s term ended, a racketeering authorisation application in the Booysen matter—bearing Chauke’s name—was submitted to the NPA’s VGM offices.

Dr Broughton’s supplementary opinion noted that the application was unsigned and that the corresponding 2012 racketeering file could not be located in the VGM offices.

The inquiry also heard from the affidavit of Advocate Anthony Mosing, then a DDPP in the Special Projects Division, who said he received the racketeering application “under cover of the letter from DPP South Gauteng” around the same time. The submission included a draft indictment, draft authorisations under POCA, and a prosecution memorandum outlining the evidence and proposed charges. Batohi confirmed these authorisations were also unsigned.

She told the panel she does not know whether Mlotshwa ever received the prosecution memorandum. 

“As I sit here, I do not know if Advocate Mlotshwa received the prosecution memo,” she said.

Batohi added that she would explain in due course how the racketeering authorisation ultimately came to be signed. 

The inquiry continues.

Cape Times