The inquiry into the fitness of South Gauteng director of public prosecutions Andrew Chauke to hold office got off to a slow start on Wednesday after it emerged the National Prosecuting Authority (NPA) seeks to amend the terms of reference.
Evidence leader David Mohlamonyane told inquiry chairperson justice Bess Nkabinde counsel for the NPA sought to address the inquiry on the request.
Nkabinde refused to accede to the request and, though she was “not there to advise anyone”, told Mohlamonyane the terms of reference were clear: matters of amendment fell within the domain of President Cyril Ramaphosa, not necessarily the inquiry panel.
Counsel for the NPA asked to be excused in order to prepare an application to the president. It was not clear why the NPA is seeking an amendment.
The terms of reference, which guide the inquiry, aim to inquire and determine whether Chauke improperly drove the 2012 prosecution of former Hawks head Maj-Gen Johan Booysen and members of the Cato Manor unit despite an alleged lack of evidence. The terms of reference also ask the inquiry to probe allegations that Chauke pushed for racketeering charges against Booysen and members of the unit.
The panel is also required to inquire into, report on and make findings and/or recommendations on allegations about Chauke’s failure to continue with charges against former head of crime intelligence Lt-Gen Richard Mdluli for his involvement in the murder of Tefo Abel Ramogibe. It is alleged Chauke caused the charge of murder relating to the killing of Ramogibe and related charges to be withdrawn, notwithstanding that there was strong evidence justifying the institution of prosecution.
The inquiry continues with National Director of Public Prosecutions Shamila Batohi set to continue her testimony.
TimesLIVE
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