Gauteng Director of Public Prosecutions Andrew Chauke failed to act as a reasonable prosecutor when he withdrew murder and related charges against former Crime Intelligence boss Richard Mdluli in 2012.
This is according to National Director of Public Prosecutions Shamila Batohi’s testimony on Thursday.
Batohi said Chauke overlooked the allegations despite overwhelming indications that the case should have proceeded.
She said this as she appeared before the Nkabinde inquiry into the fitness of suspended prosecutor Chauke.
Overrode advice of own prosecution team
Batohi said Chauke overrode the clear advice of his own prosecution team, which had concluded that a solid circumstantial case existed against Mdluli.
The charges stemmed from the 1999 killing of Oupa Ramogibe. He was the lover of Mdluli’s then-customary wife, Tshidi Buthelezi.
The docket included allegations of murder, attempted murder, kidnapping, intimidation, assault and defeating the ends of justice.
Batohi told the panel that investigating officer Colonel Kobus Roelofse had compiled evidence on the case. The evidence showed a history of threats, intimidation and violence linked to Mdluli’s opposition to Ramogibe’s relationship with Buthelezi.
Mdluli was arrested in March 2011.
In November that year his lawyers made representations to Chauke alleging a conspiracy against him by senior police officials. Despite this, the prosecution team led by advocates Zaais van Zyl and Kholeka Gcaleka [now Public Protector] advised that the evidence strongly supported continuing with the prosecution.
“One would have expected that, in the face of such serious allegations and given his own prosecutors’ advice, the DPP would proceed with the case. Instead, he withdrew it,” Batohi said.
Withdrew charges despite serious allegations
Chauke withdrew the charges in February 2012 and referred the matter to an inquest.
Batohi highlighted a 2013 High Court judgment by Judge John Murphy. It was delivered after Freedom Under Law successfully challenged the withdrawal of charges.
Murphy found the inquest magistrate had accepted the core evidence implicating Mdluli. However, he reached incoherent and contradictory conclusions. And he wrongly stated there was no evidence linking Mdluli to the killing.
The judge held that the affidavits before the inquest supported a conclusion that there was indeed a prima facie case against Mdluli.
Batohi said she relied on affidavits, court records and other documents because she lacked personal knowledge of all events. She told the inquiry her own affidavit had been prepared under severe time constraints.
The inquiry continue.
