NPA Boss Batohi

National Director of Public Prosecutions Advocate Shamila Batohi has stood firm on her recommendation to President Cyril Ramaphosa about Gauteng Director of Public Prosecutions Andrew Chauke’s fitness to hold office. During her testimony at the Nkabinde Inquiry, Batohi insisted her advice was based on solid evidence from key cases, not just opinions. She faced tough questions from the panel but maintained that a full review of facts showed Chauke’s actions raised serious concerns. This comes as South Africa pushes for cleaner leadership in its justice system, with the inquiry set to decide if Chauke can keep his role.
The probe highlights ongoing efforts to root out past wrongs from the state capture era. Batohi’s detailed account shows how she built her case step by step, giving Chauke chances to explain himself. As the hearings continue, many watch to see if her call for an inquiry will lead to big changes in the National Prosecuting Authority.
Roots of the Recommendation and Key Cases
Batohi took office in February 2019 and soon dealt with worries about Chauke’s handling of big cases. She got a report from Acting NDPP Rodney de Kock that same year, pointing out problems in the Johan Booysen racketeering matter and the Richard Mdluli fraud case.
In the Booysen case, Chauke got involved in charges against the former KwaZulu-Natal Hawks boss and his team. Batohi told the inquiry that Chauke acted outside his Gauteng jurisdiction by dealing with a KwaZulu-Natal matter. He pressured prosecutors to sign indictments without looking at the evidence dockets. She said former deputy NDPP Nomgcobo Jiba authorised the racketeering charges without proper proof, and Chauke played a central role that went beyond just admin work.
For the Mdluli matter, Chauke withdrew murder and other charges against the ex-Crime Intelligence head. Batohi called this decision unreasonable, saying it ignored strong evidence and went against NPA rules. She pointed out that Chauke did not reassess the case fully, even if he misread some inquest findings.
Batohi stressed that Chauke often acted as DPP without official papers, but proof showed he took on the role anyway. This de facto authority raised red flags about how decisions were made.
Steps Batohi Took Before Recommending the Probe
Batohi did not rush her recommendation. In May 2021, she wrote to Chauke asking for his side on both cases. He replied weeks later, saying no strong case existed for murder charges in a related matter and that his Booysen role was only to coordinate the team, not make prosecution calls.
Not satisfied, Batohi got a legal view from Advocate Joe Nalane SC in October 2021, who suggested checking Chauke’s fitness for office. She then gave Chauke time to respond in July 2022, before planning her note to the President.
Chauke took six months to reply, asking for delays to prepare statements. He sent opinions from Advocates M Mainenshe SC and Scott, arguing against any probe. Acting NDPP de Kock then wrote a note saying no need to tell the President, based on those views.
Batohi had doubts. She felt de Kock took the opinions at face value without digging into gaps Nalane spotted. To fix this, she asked legal advisor Dr David Broughton to gather and check all evidence, like affidavits, emails, and docs.
Batohi said this full review was key. “I needed to have, as I would expect a person in this position making a decision that will impact on the life of a person, to make sure that I had looked at the relevant evidence. That evidence was what I considered very carefully,” she explained.
After weighing everything, she felt justified in telling the President an inquiry was needed.
Scrutiny and Pushback at the Inquiry
The Nkabinde Inquiry, led by retired Justice Bess Nkabinde with helpers Advocate Elizabeth Baloyi-Mere and Attorney Matshego Ramagaga, grilled Batohi hard. Panel members asked if she hunted for opinions to fit her view.
She pushed back strongly. “You would be very wrong to assume the worst from me. I was certainly not trying to find something that would support my view. I wanted to have all the evidence before me, so that I could make a properly considered, reasonable view on what this matter entailed,” Batohi said.
They also questioned why she leaned on Broughton’s report instead of reading every bit herself. Batohi clarified it pulled everything into one clear package for deciding, saving time while covering all facts.
The panel even asked Batohi to get legal advice on her power to review Chauke’s old choices. She agreed, showing her process aimed at fairness.
Hearings have shown more details, like how Chauke signed prosecution letters without right authority and bypassed the acting KwaZulu-Natal DPP in the Booysen case. Batohi called these moves unlawful and tied to political pressure.

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