President Cyril Ramaphosa has set up an inquiry to look into whether suspended Advocate Andrew Chauke is fit to continue serving as director of public prosecutions (DPP).
The inquiry will be led by retired Justice Baaitse Elizabeth Nkabinde, who will be assisted by Advocate Elizabeth Baloyi-Mere SC and attorney Thenjiwe Viakazi.
Vincent Magwenya, the spokesperson for President Cyril Ramaphosa, said the inquiry will focus on serious allegations about Chauke’s fitness and propriety to serve as a senior prosecutor and a member of the National Prosecuting Authority (NPA).
Chauke was appointed DPP on September 1, 2011, and suspended on full pay on July 20, 2025, pending the outcomes of the inquiry.
“In terms of the constitution, the National Prosecuting Authority Act and the rules of natural justice, an inquiry as regards the allegations made against any director of public prosecutions, should be conducted fairly and impartially.
“In consultation with the minister of justice, the inquiry chairperson will determine the seat of the inquiry as well as the rules of procedure. At the end of the inquiry, the chairperson shall submit a report to the president,” said Magwenya.
Effect on reputation of the NPA
He said Ramaphosa made the move to set up an inquiry under Section 12(6)(a) of the National Prosecuting Authority Act of 1998.
Sunday World previously reported that Livingstone Mzukisi Sakata, the Northern Cape DPP, is now acting as the South Gauteng DPP following Chauke’s suspension.
Sakata has served since February 2020 as acting DPP in the Eastern Cape. The Presidency said he became a senior deputy DPP in 1999.
He was appointed in 2003 as Eastern Cape coordinator of the organised crime component in the office of the DPP.
In a statement about the suspension in July, the Presidency said: “The president believes Advocate Chauke’s continued tenure as director of public prosecutions, while facing serious accusations, would negatively affect the reputation of the National Prosecuting Authority as a whole.
“President Ramaphosa is also concerned that Advocate Chauke will not be able to fulfil his functions optimally while facing an inquiry.”