Former KZN prosecutor Moipone Noko comes out to bat for Chauke at Nkabinde Inquiry

Former prosecutor Moipone Noko agreed to appear at the Nkabinde Inquiry “on behalf of [South Gauteng Director of Public Prosecutions Andrew] Chauke” this week after evidence leaders last week said that she had not responded to their requests for a statement.

The inquiry is investigating the fitness of Chauke to hold office.

Noko told the hearing that she had agreed with Chauke’s bid to prosecute members of the SA Police Service’s Cato Manor unit and its head, Major General Johan Booysen.

“I said I can testify for the commission or for advocate Chauke, but I cannot testify being led by the evidence leader putting out the position that supports the NPA [National Prosecuting Authority] position as far as the Cato Manor case is concerned,” she said.

She also supported the former NPA head Shaun Abrahams’ decision to reinstate racketeering and other charges against Booysen and members of the unit. The charges were later withdrawn by Abrahams’ successor, Shamila Batohi, after Booysen was involved in numerous court battles in an attempt to prove that his prosecution was political, as he was investigating criminals close to the Zuma family.

Read more: Johan Booysen: ‘I feel vindicated’ as NPA drops charges

It was Batohi, as outgoing head of the NPA, who wrote to President Cyril Ramaphosa asking for an inquiry into Chauke and his role in the Cato Manor matter, as well as the failure to bring charges against former Crime Intelligence head Richard Mdluli.

Noko said that in August 2012, while advocate Nomgcobo Jiba was acting National Director of Public Prosecutions, Chauke, as South Gauteng Director of Public Prosecutions (DPP), had briefed her on the Cato Manor matter.

Jurisdiction

Chauke has been accused of acting outside his jurisdiction on a case in KwaZulu-Natal while being the lead prosecutor in Gauteng. Noko said she had not questioned why a DPP from another division had been appointed to lead a prosecution outside his purview.

“My understanding is that there was nothing weird about it.”

She admitted that she was unaware of other instances where a DPP had been delegated to another jurisdiction. However, she said, she had seen official documentation indicating that deputy DPPs and prosecutors could be dispatched to assist in other provinces.

Noko said Chauke had overseen the matter and regularly provided updates.

Interconnected cases

Noko told the inquiry that the Cato Manor case involved 23 “interconnected dockets” and 28 murder charges, including against members of the Cato Manor police unit.

She said that in March 2014, she was invited to the NPA offices by its then acting head, Mxolisi Nxasana, and instructed to take over the case because it fell within her jurisdiction.

“So from now onwards, advocate Chauke must not oversee it any more, and I must take over,” she said.

She said the prosecution of Booysen and the unit was based on allegations that they acted unlawfully between 2008 and 2011.

Noko told the panel that members of the unit had “staged” shoot-outs with criminals and had “created an impression at every scene of murder that the deceased people were posing some danger towards them, and they are alleged to have planted some firearms”.

Political meddling

Noko said she had been falsely accused of political meddling. She was the prosecutor in the “Amigos” matter involving, among others, the Uruguayan businessman Gaston Savoi and senior ANC members Mike Mabuyakhulu and Peggy Nkonyeni.

Noko’s decision to let nine of the accused individuals and companies off the hook was in stark contrast to the NPA’s earlier determination to vigorously pursue charges against 23 accused in this massive corruption and racketeering case, which spanned several provinces.

“I was emotionally tired. I have been falsely accused of protecting people in some cases, of doing things in cases I did not do,” she said, adding that her “colleagues in the NPA were feeding the media”.

Noko was moved upwards from her position as head of the NPA’s provincial tax division to the post of acting DPP. The seasoned advocate Simphiwe Mlotshwa was sidelined to make way for Noko. At the time, Mlotshwa had resisted pressure to drop charges against Mabuyakhulu and Nkonyeni.

Savoi’s deal with the NPA

In September 2024, the NPA entered into a deal with Savoi, whereby he pleaded guilty to fraud and corruption charges related to government tenders in KwaZulu-Natal and Northern Cape. This opened the door to Mabuyakhulu and Nkonyeni being recharged.

The inquiry continues. DM