South Gauteng DPP Andrew Chauke Faces Fitness Inquiry Amid Past Controversies

President Cyril Ramaphosa has formally established an inquiry into the fitness of Advocate Andrew Chauke to continue serving as the Director of Public Prosecutions (DPP) in South Gauteng. The decision, announced by the Presidency, comes under section 12(6)(a) of the National Prosecuting Authority (NPA) Act of 1998.

Chauke, who was appointed DPP in September 2011, was suspended with full pay on 20 July 2025, pending the outcome of the process. His suspension followed years of mounting criticism over his handling of politically sensitive cases and accusations of shielding allies, which drew concern from civil society groups and opposition parties.

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Composition of the Inquiry

To ensure impartiality, Ramaphosa has appointed retired Justice Baaitse Elizabeth (Bess) Nkabine as the Chairperson of the inquiry. She will be supported by senior counsel Adv Elizabeth Baloyi-Mere SC and attorney Thenjiwe Vilakazi.

The Presidency confirmed that the inquiry will be guided by the Constitution, the NPA Act, and principles of natural justice. The Chairperson, in consultation with the Minister of Justice, will set the seat of the inquiry and rules of procedure.

At the end of the hearings, Justice Nkabine will present a detailed report to the President, with findings and recommendations on whether Chauke is fit to continue in his role.

Background and Controversies

Chauke’s suspension did not come as a surprise. In 2023, National Director of Public Prosecutions Shamila Batohi flagged serious concerns about his prosecutorial conduct, requesting that the President intervene. While Chauke objected, claiming he was not given sufficient time to respond, Ramaphosa argued that an independent inquiry was the fairest route to resolve the disputes and protect the integrity of the NPA.

This is not Chauke’s first encounter with controversy. In 2021, civil society organisations like Accountability Now publicly questioned his impartiality, accusing him of delaying or downplaying politically charged prosecutions. His critics argue that these patterns undermine public confidence in the justice system.

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Why the Inquiry Matters

The outcome of the inquiry will have far-reaching consequences for the NPA and South Africa’s broader justice system. If the panel finds Chauke unfit to hold office, it could open the door to a new appointment at a time when the prosecuting authority is under pressure to deliver on corruption and state capture cases.

For now, Chauke remains on suspension with full pay while preparing his defence. The inquiry’s findings are expected to provide clarity on his future and on the NPA’s commitment to accountability and transparency.