EXONERATED: Nkabinde Inquiry clears controversial Gauteng DPP Andrew Chauke

The Nkabinde Inquiry has cleared controversial South Gauteng Director of Public Prosecutions (DPP) Andrew Chauke of all accusations against him by former National Prosecuting Authority (NPA) head Shamila Batohi, deeming him fit to return to public office.President Cyril Ramaphosa communicated the Nkabinde Inquiry’s findings to Chauke in a letter dated Tuesday, 21 July.“Having carefully considered the report of the panel and its findings in respect of all allegations contained in the Terms of Reference, I am satisfied that the allegations against you have not been substantiated by the evidence presented before the enquiry,” Ramaphosa wrote. “I accept the findings and recommendations of the panel. Consequently, I am satisfied that there is no basis upon which to conclude that you are unfit to hold office as Director of Public Prosecutions.“I wish to thank you for your cooperation throughout the enquiry process. I trust that the finalisation of this matter will enable you to continue discharging your constitutional and statutory responsibilities with dedication and integrity in service of the National Prosecuting Authority and the people of South Africa,” the President concluded. South African President Cyril Ramaphosa. (Photo: Henry Nicholls / WPA Pool / Getty Images) Chauke has been at the centre of allegations over many years that he has acted as a gatekeeper and had weaponised the NPA to protect the politically powerful and corrupt.Ramaphosa suspended Chauke in July 2025, pending an inquiry into his fitness to hold office. This was after Batohi wrote to the President about Chauke’s alleged role in two ongoing matters.The first was Chauke’s alleged role in the withdrawal of charges against former Crime Intelligence head Richard Mdluli, as well as the decision by the NPA to charge with racketeering and murder former KwaZulu-Natal Hawks head Major General Johan Booysen and his Cato Manor unit.Chauke was accused of politically interfering in the institution of racketeering charges against Booysen and the Cato Manor unit in 2012. Booysen and the Cato Manor officers were later cleared of all charges.He has also been accused of thwarting a case against Mdluli, who is out on parole after serving time for kidnapping, assault and intimidation. Mdluli has been accused of protecting former president Jacob Zuma from facing his day in court on corruption and racketeering charges. These cases link back to allegations of State Capture, and Chauke was accused of being part of an alleged group in the criminal justice system that sought to block prosecutions against those implicated in corruption, while also levelling charges against those upholding accountability. The inquiry, chaired by retired Justice Bess Nkabinde, began in November 2025, and focused on allegations concerning Chauke’s fitness to hold office. It faced a series of challenges, including Batohi’s unexpected walk-out in December 2025 after just over a week of testimony; witness delays and a tight timeframe. In April, Batohi formally withdrew from the inquiry altogether, referring to the proceedings as “hostile, accusatory, and discouraging”.The inquiry was due to wrap up in January 2026, but earlier this year Ramaphosa extended its deadline to 30 June.In a statement on Wednesday night, 22 July 2026, the Presidency said Nkabinde’s panel found there was “no credible evidence” upon which it could conclude that Chauke had taken prosecutorial decisions as alleged in respect of the Cato Manor matter, “or that he had acted unlawfully in the performance of his coordinated functions”.The panel also found that Chauke’s decision to provisionally withdraw the murder and related charges against Mdluli, and to refer the matter to an inquest “was not irrational”. “In view of these and other findings that exonerate Adv Chauke, President Ramaphosa is satisfied that there is no basis upon which to conclude that Adv Chauke is unfit to hold office as Director of Public Prosecutions,” read the Presidency’s statement. DM