President Cyril Ramaphosa is still thinking about national public prosecutions director Shamila Batohi’s request for the suspension of Johannesburg public prosecutions director Andrew Chauke — about 16 months after the request was made.
This emerged from a written reply to a parliamentary question by ActionSA parliamentary leader Athol Trollip, who asked Ramaphosa why no action was taken on Batohi’s request in August 2023 for Chauke’s suspension pending an inquiry into fitness to hold office.
Questions have been raised over Chauke’s conduct in cases against former crime intelligence boss Richard Mdluli and the Cato Manor police unit charged with racketeering. It has also been alleged that he mishandled or delayed prosecutions of high-level police officers and ANC officials.
Chauke denies wrongdoing, saying there is no legal or factual basis for him to face an inquiry into his fitness to hold office or to be suspended.
In an interview on Tuesday, Trollip said his question was prompted by really dubious decisions made by Chauke, who he says he believes is an ANC insider. The latest one was the early November decision to withdraw corruption charges against former sports, arts and culture minister Zizi Kodwa and Enterprise Outsourcing executive Jehan Mackay. This was despite the National Prosecuting Authority saying it had a strong case against them, Trollip said.
Batohi indicated that the NPA would review the decision to drop the charges against Kodwa and his co-accused.
In reply, Ramaphosa said: “Upon receipt of the request from the national director of public prosecutions, and after careful consideration of the detail of this request, the presidency sought clarification on some questions. Once these questions have been clarified, the matter will be considered and a decision taken on the way forward.”
Trollip said this was another example of Ramaphosa’s typical procrastination, evident also in the long time he took to take action against former justice minister Thembi Simelane after revelations of a dubious loan she took from collapsed VBS Mutual Bank bank while mayor of Polokwane. After several months Simelane was transferred to the post of human settlements minister.
Trollip said that Ramaphosa’s prolonged inaction on Bathohi’s request about Chauke was typical of him and raised questions as to why he was prevaricating and why the Kodwa case just disappeared.
“I am very sceptical about this Chauke matter as all the decisions made by Ramaphosa and anyone in the ANC is all about self-interest. It is all about what will happen to me when there is a prosecution against me,” said Trollip.
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