President Cyril Ramaphosa has informed Gauteng South Director of Public Prosecutions Adv Andrew Chauke that he has been exonerated by the Nkabinde Panel of Enquiry that probed his fitness to hold office.
Findings of the enquiry
President Ramaphosa established the enquiry on September 29 2025 in terms of section 12(6)(a) of the National Prosecuting Authority Act of 1998. Its mandate was to investigate whether Adv Chauke was fit and proper to continue to hold office amid serious allegations regarding his fitness and propriety.
Adv Chauke was placed on suspension with effect from July 20 2025, pending the finalisation of the enquiry.
The panel, chaired by Justice Baaitse Elizabeth Nkabinde and assisted by Adv Elizabeth Baloyi-Mere SC and Attorney Matshego Ramagaga, considered extensive oral evidence, documentary evidence, expert opinions, witness statements and legal submissions.
The panel found that there was no credible evidence to conclude that Adv Chauke had taken prosecutorial decisions as alleged in respect of the Cato Manor matter or that he had acted unlawfully in the performance of his coordination functions.
It also found that Adv Chauke’s decision to provisionally withdraw murder and related charges against former crime intelligence head, Gen Richard Mdluli, and to refer the matter to an inquest was not irrational.
President’s decision
“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,” the Presidency said.
Ramaphosa thanked Adv Chauke for his cooperation throughout the enquiry process and expressed trust that the finalisation of the matter will enable him to continue discharging his constitutional and statutory responsibilities “with dedication and integrity in service of the National Prosecuting Authority and the nation”.
He also reiterated his appreciation to Justice Nkabinde and the Panel for the manner in which they undertook their task.
- President Cyril Ramaphosa informed Gauteng South Director of Public Prosecutions Adv Andrew Chauke of his exoneration by the Nkabinde Panel of Enquiry investigating his fitness to hold office.
- The enquiry, established on 29 September 2025, was mandated to assess allegations against Adv Chauke and examine his propriety in office; Adv Chauke was suspended from 20 July 2025 pending the investigation.
- The panel, led by Justice Baaitse Elizabeth Nkabinde, reviewed extensive evidence and found no credible proof that Adv Chauke acted unlawfully or improperly in prosecutorial decisions, including the Cato Manor case.
- The panel concluded that Adv Chauke’s decision to provisionally withdraw charges against former crime intelligence head General Richard Mdluli and refer the case to an inquest was rational and justified.
- President Ramaphosa declared Adv Chauke fit to continue as director of public prosecutions, thanked him for his cooperation, and commended the panel for their thorough investigation.
