Advocate Shamila Batohi, the National Director of Public Prosecutions (NDPP), told the Nkabinde Inquiry that the prosecution team decided not to appeal the 2014 judgment in the Booysen vs National Director of Public Prosecutions case.
According to Batohi, the team instead decided to pursue new racketeering authorisations.
Decision on racketeering made collectively
While giving testimony on Wednesday, she said the decision to pursue new racketeering authorisations was made collectively by the prosecution team, with Advocate Andrew Chauke as an administrator.
Batohi explained to the panel that the prosecution team had decided against appealing the judgment because there was no evidence linking Booysen to any criminal conduct that could justify taking the matter further.
“The prosecution team did not recommend lodging an appeal against Gorven J’s judgment. This was in light of the concession made by counsel during the review application,” Batohi said. She pointed to a key memorandum from the team dated 5 March 2014.
She clarified that the memorandum had been addressed to Advocate Chauke. However, its real purpose was to keep him in the loop.
“The memorandum was meant to update Advocate Chauke, who, as DPP for South Gauteng, would pass the information up the chain of command to the NDPP,” Batohi told the inquiry.
Chauke’s role was primarily to coordinate
She stressed that the later decision to seek fresh racketeering authorisations under section 2(4) of the Prevention of Organised Crime Act had not been Chauke’s unilateral call, despite his senior position.
Advocate David Mohlamoynane, leading the evidence, asked her on whether Chauke’s deep involvement effectively made him the de facto decision-maker in the Booysen matter.
Batohi pushed back firmly.
“Though Advocate Chauke was the DPP. The decision to apply for new racketeering authorisations was made by the prosecution team, which included several senior prosecutors. Advocate Chauke’s role was primarily to coordinate and facilitate the process. It was not to make the decision on his own,” she responded.
The inquiry continues.
It was established to investigate the fitness of suspended Chauke to hold office. The inquiry was initiated following a formal complaint by Batohi and President Cyril Ramaphosa’s suspension of Chauke in July 2025. He was suspended over allegations of misconduct, including politically motivated interference in prosecutorial decisions.
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