Nkabinde Inquiry clears Gauteng DPP Andrew Chauke

Nkabinde Inquiry clears Gauteng DPP Andrew Chauke

The panel found that Chauke's decision to provisionally withdraw the murder and related charges against Mdluli was not irrational. Gauteng South Director of Public Prosecutions Advocate Andrew Chauke has been cleared by the Nkabinde Inquiry, exactly a year since his suspension. Chauke was suspended on 20 July 2025 following allegations by then-NPA boss Shamila Batohi that he had made questionable decisions. These include his alleged initial reluctance to prosecute Duduzane Zuma for culpable homicide despite a magistrate having found there was prima facie evidence that he may have been negligent when losing control of his Porsche and crashing into a taxi in 2014, which resulted in the death of a Zimbabwean woman. The Randburg Magistrate’s Court acquitted Zuma of culpable homicide in 2019. Chauke was also questioned on why former Crime Intelligence head Richard Mdluli was not prosecuted on a murder charge related to the 1999 shooting of Oupa Ramogibe, a former partner of his then-girlfriend. Mdluli was cleared of his involvement in Ramogibe’s murder. He was instead found guilty of the kidnapping and assault of Ramogibe and sentenced to an effective five years in prison. Nkabine Inquiry In light of these allegations, President Cyril Ramaphosa established the Nkabinde Inquiry on 29 September 2025. The mandate of the inquiry was to investigate and determine whether Chauke was fit and proper to continue to hold office. The panel, chaired by Justice Baaitse Elizabeth Nkabinde, considered oral evidence, documentary evidence, expert opinions, witness statements, and legal submissions. It has found that there was no credible evidence upon which it could conclude that 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. The panel has also found that Chauke’s decision to provisionally withdraw the murder and related charges against Mdluli, and to refer the matter to an inquest, was not irrational. Chauke ‘fit to hold office’ On Wednesday, the Presidency confirmed Ramaphosa had communicated the findings to Chauke. “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,” said Presidential spokesperson Vincent Magwenya. “The president has thanked Adv Chauke for his cooperation throughout the enquiry process and expressed his trust that the finalisation of this matter will enable Adv Chauke to continue discharging his constitutional and statutory responsibilities with dedication and integrity in service of the National Prosecuting Authority and the nation.”

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