ActionSA has accused President Cyril Ramaphosa of taking too long to take action against Andrew Chauke, the director of public prosecutions in Johannesburg.
The parliamentary leader for ActionSA, Athol Trollip, has written to Ramaphosa to demand answers regarding the delay in answering Shamila Batohi, the head of the National Prosecuting Authority (NPA), who requested Chauke’s suspension in August 2023.
Chauke was a key player in both contentious prosecutions and the absence of prosecutions in cases involving state capture, according to Trollip.
According to Trollip, this record shows a woefully insufficient approach to investigating corruption cases, particularly those involving well-known people.
He clarified that Chauke was either unfit for his position or was purposefully avoiding accountability for those in power, and he said that the recent dismissal of charges against former minister of sport, arts, and culture Zizi Kodwa was irrational.
“This past Friday, in a sudden about-turn, the NPA abruptly withdrew charges against former minister and ANC MP Zizi Kodwa, citing vague ‘representations’ made by the accused,” said Trollip.
Charges against Kodwa abruptly dropped
“Unsurprisingly, it was Johannesburg director of public prosecutions, advocate Andrew Chauke, who made this decision, which NPA head, advocate Shamila Batohi, has since announced she would review.”
According to Section 12(6) of the NPA Act, which he cited, only the president has the authority to temporarily remove a director of public prosecutions from office while an inquiry into their suitability for the position is conducted.
Trollip emphasised in a letter to Ramaphosa that the charges of corruption against Kodwa were abruptly dropped.
Reads the letter: “Advocate Chauke’s checkered record is a matter of public record, one that, even upon the most superficial of assessments, indicates that he is undeniably a central figure in numerous concerning prosecutorial decision-making processes that raise doubts about his fitness to hold office, thereby necessitating an inquiry and his suspension pending the outcome thereof.
“I do hope that in replying to my correspondence and in the public interest, your reasons take into account that transparency and accountability are crucial for maintaining public trust in our justice system.”