Old ghosts of Zuma state capture era come to haunt suspended Gauteng DPP Andrew Chauke

While a whole new cast of State Capturers, including alleged cartel boss Vusimuzi “Cat” Matlala, have emerged at the Madlanga Commission of Inquiry, some old ghosts are about to emerge from the crypt in another imminent probe.

Suspended in July this year (on full pay), a freshly announced inquiry into South Gauteng Director of Public Prosecutions (DPP) Andrew Chauke’s fitness to hold office will call to life some old familiar ghosts.

These include convicted former national Crime Intelligence head Richard Mdluli and former acting National Director of Public Prosecutions Nomgcobo Jiba.

President Cyril Ramaphosa has appointed retired Justice Bess Nkabinde as chair of the inquiry, set up in terms of section 12(6) of the National Prosecuting Authority Act. She will be assisted by advocate Elizabeth Baloyi-Mere and attorney Thenjiwe Vilakazi as panel members. 

The panel will set up the “seat” of the inquiry and the rules will be determined by Nkabinde. It will have four months (“or such extended period as the President may determine”) to present its report to the President. 

Chauke’s rap sheet

Announcing the inquiry, the President noted that Chauke had been appointed DDP on 1 September 2011.

The inquiry had been established “based on certain serious allegations regarding Adv Chauke’s fitness and propriety to hold office as Director of Public Prosecutions and member of the prosecuting authority”.

Chauke is accused of instituting racketeering charges in terms of the Prevention of Organised Crime Act, against former KwaZulu-Natal Hawks head, Major-General Johan Booysen, and members of the Cato Manor unit, “regardless of the defence of those actions in subsequent review proceedings brought by Booysen”.

At the time Booysen had been investigating (among others) Durban businessman Thoshan Panday, an associate of former president Jacob Zuma. 

Panday’s Gold Coast Trading “was virtually barren until the millions started rolling in, thanks to a few dodgy deals linked to the 2010 Fifa World Cup bagged from the SA Police Service in late 2009 and 2010 – neatly coinciding with his purchase of a R2.5-million Ferrari”, as colleague Jessica Bezuidenhout reported in 2019.

The Gauteng DPP allegedly supported a decision to prosecute Booysen “notwithstanding that there was no evidence justifying the decision, and he sought to improperly have the Acting Director of Public Prosecutions of KwaZulu-Natal (Moipone Noko) sign the case dockets and/or prosecution memorandum detailing the alleged evidence implicating the accused on which the decision to indict had to be made”.

Chauke also recommended that authorisation for the charges be issued by Nomgcobo Jiba who was the then acting National Director of Public Prosecutions.

Chauke also “sought to defend the institution of the aforementioned racketeering charges in the review proceedings brought by Major-General Booysen to have the said racketeering charges set aside”, said the President, adding that the advocate had finalised Jiba’s answering affidavit in the Booysen review proceedings opposing the review application.

This he did “notwithstanding that there was no evidence justifying the institution of racketeering charges against the accused”.

He is also charged with instituting an appeal against the judgment of Judge Trevor Gorven in the Booysen review matter without the approval of the then National Director of Public Prosecutions, Mxolisi Nxasana.

Chauke was single-minded in his pursuit, attempting to nail Booysen and the Cato Manor members again by suggesting the new NDPP institute racketeering charges. 

The ghost of Mdluli

Furthermore, the inquiry will look into Chauke’s failure “to continue with charges against Lieutenant-General Richard Mdluli for his involvement in the murder of Mr Tefo Abel Ramogibe”.

Chauke is alleged to have “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 a prosecution in the matter, which decision caused a significant delay in proceeding with charges concerned”.

Read more: Criminal Intelligence: Indictment exposes Richard Mdluli’s charmed life

The panel will probe whether, in fulfilling his responsibilities as Director of Public Prosecutions, Chauke complied with the Constitution, the National Prosecuting Authority Act and other relevant legislation.

The panel will assess whether “as a senior leader in the National Prosecuting Authority [Chauke] is fit and proper to hold this position and be a member of the prosecutorial service”. His conduct in relation to instituting and conducting criminal proceedings on behalf of the State will also be picked apart, no doubt. DM