Overview
- National Director of Public Prosecutions Shamila Batohi rejected claims that the case against suspended South Gauteng DPP Andrew Chauke is legally defective.
- Batohi told the Nkabinde Inquiry she reads Section 22 to allow the NDPP to review any decision to prosecute or not prosecute, including those taken by predecessors.
- Chairperson Bess Nkabinde challenged that interpretation on constitutional and practical grounds, invoking the functus officio principle and asking Batohi to return with a considered response.
- Detailing legacy matters, Batohi defended the NPA’s approach to the Booysen racketeering certificates and cited a judgment that set aside Nomgcobo Jiba’s authorisations as arbitrary and unconstitutional.
- Batohi linked the Chauke allegations to earlier credibility crises at the NPA, including withdrawals in the Richard Mdluli matters and the issues probed by the Mokgoro Enquiry, as hearings continue in Pretoria.