National Prosecuting Authority (NPA) national director Advocate Shamila Batohi on Thursday traced the controversy around South Gauteng Director of Public Prosecutions (DPP) Andrew Chauke to what she described as a long, painful period of allegations of institutional “capture” inside the organisation.
Batohi was testifying on Day 2 of the Nkabinde Enquiry into Chauke’s fitness to hold office. She reminded the panel that she began her career in the NPA 40 years ago as a young prosecutor in KwaZulu-Natal. This was long before the current storm. And she said it is giving her perspective on how the institution’s credibility has shifted over time.
Historic allegations of NPA capture
“Well, even before I took office, there had been for a number of years prior to that, allegations of capture of the NPA,” she said.
“When I took office, I discovered that the credibility of the NPA had been seriously dented because of these allegations. There were serious allegations against members of the leadership of the NPA.”
She said Chauke was not the first senior official to face a process of this nature.
Batohi told the panel that the allegations against Chauke mirror the complaints that led to the Mokgoro Enquiry. The latter was where the fitness of former NPA leaders Advocate Lawrence Mrwebi and Advocate Nomgcobo Jiba were interrogated.
According to Batohi, the Chauke matter draws from another matter. The controversial withdrawal of charges against former Crime Intelligence boss Lieutenant General Richard Mdluli.
Allegations against Chauke
“The allegations against Advocate Chauke in respect of the Booysen matter relate in large measure to the same issues that the Mokgoro Enquiry was looking into,” she said.
“The allegations against Advocate Mrwebi in the Mokgoro Enquiry related to his decision to withdraw charges against Lieutenant General Richard Mdluli. Or the former head of Crime Intelligence. The decision taken by Advocate Chauke to withdraw charges against Mdluli relate to different charges. The ones taken by Advocate Mrwebi related to fraud and other related charges. This one relates to murder and other charges.”
Batohi reminded the panel that the Mokgoro report had made damning findings.
She said that in early 2012, then acting national director Jiba had assembled prosecutors from Gauteng and North West to pursue charges against members of the Serious and Violent Crimes Unit in KwaZulu-Natal.
“Advocate Chauke was the DPP of South Gauteng at the time. And for all intents and purposes, he was appointed as the leader of the prosecution team. And he unlawfully acted as the de facto DPP in this regard,” she said. “The allegations against Advocate Chauke relate in essence to the manner in which he and other prosecutors dealt with the prosecution of Booysen and other members of the SCV.”
Racketeering charges against Jiba
She said the case involved racketeering charges based on certificates issued by Jiba. These were issued under the Prevention of Organised Crime Act (POCA). But following the indictment, the lead accused challenged the validity of those certificates.
“Booysen alleged in his review application that after the recipient of the indictment, he requested Jiba to make available all the documents on which the state intended to rely. As a result of this, 23 dockets were made available,” Batohi said.
“According to Booysen, he said that he is mentioned in only two of these 23 dockets. In one of the two dockets, he mentioned in the statements of two witnesses. Both of these witnesses stated that he arrived on the scene of a shooting in a helicopter after the event.”
Batohi said the shooting involved suspects who were under investigation for various crimes at the time.
“Booysen mentioned that in the second docket, the witness said he noticed Booysen arriving on the scene after the shooting had taken place,” she said. Shortly thereafter the hearing was interrupted by administrative issues and adjourned until Friday morning.
