President Ramaphosa Clears Andrew Chauke of All Misconduct Charges

National Prosecuting Authority Act Section 12(6)(a)

The decision, communicated to Chauke in a two-page letter from the Presidency on Tuesday, marks the formal conclusion of a high-stakes process that had left one of the country’s most senior prosecutorial roles in limbo for nearly a year. The inquiry was established on September 29, 2025, in terms of Section 12(6)(a) of the National Prosecuting Authority Act and was mandated to determine whether Chauke remains fit and proper to continue serving as Director of Public Prosecutions. Chauke had been on paid suspension since July 20, 2025.

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. 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. In his

Clearing the Cato Manor and Mdluli Allegations

Major General Johan Booysen and the Cato Manor Unit

Central to the inquiry were accusations levied by then-prosecutions head Shamila Batohi. She had alleged that Chauke’s handling of the Cato Manor unit case—specifically his decision to institute racketeering charges against former KwaZulu-Natal Hawks head Major General Johan Booysen and his team—was politically motivated and lacked sufficient evidence. The Nkabinde panel disagreed, concluding that evidence existed which supported the institution of such charges against Major General Booysen and members of the Cato Manor Unit.

The panel further addressed the controversy surrounding the 1999 death of Oupa Ramogibe, the husband of the former lover of former Crime Intelligence head Richard Mdluli. While Chauke was accused of withdrawing the murder case against Mdluli despite there being “strong” evidence against him, the Nkabinde panel found consistently with the findings of the Supreme Court of Appeal, that your decision to provisionally withdraw the murder and related charges against General Mdluli and to refer the matter to an inquest was not irrational. Mdluli was later convicted of assault and kidnapping in relation to the death of Ramogibe.

Ramaphosa’s Acceptance of the Nkabinde Findings

Nomgcobo Jiba Coordination Functions

President Ramaphosa’s endorsement of the findings effectively ends Chauke’s paid suspension. In his correspondence, the President noted that the allegations of misconduct, which included accusations that Chauke obstructed high-profile corruption cases, remained unsubstantiated. According to Ramaphosa’s letter, the panel found there was “no credible evidence upon which it could conclude that you took prosecutorial decisions as alleged in respect of the Cato Manor matter, or that you acted unlawfully in the performance of your coordination functions, which functions you had been duly appointed to perform by the then Acting National Director of Public Prosecutions, Advocate [Nomgcobo] Jiba.”

The Presidency had previously stated that allowing Chauke to remain in office while facing serious allegations could undermine public confidence in the NPA. With the inquiry declaring there was no direct or credible evidence of wrongdoing, the President expressed his trust that Chauke would now continue his work with dedication and integrity.

Controversy and Inquiry Process

Passenger Rail Agency of South Africa

The inquiry, which sat in Pretoria over several months, heard extensive testimony from senior prosecutors, including Batohi herself. Batohi’s concerns had centered on the withdrawal of several State Capture-related prosecutions, as well as what she described as broader shortcomings in the performance of the South Gauteng office. Among the matters examined were allegations that Chauke delayed prosecutions linked to the Passenger Rail Agency of South Africa (Prasa) and interfered in the decade-long R1.2 billion corruption case involving former Gauteng Health MEC Brian Hlongwa.

Chauke, represented by Advocate Tembeka Ngcukaitobi SC, rejected the allegations. He argued that the inquiry ultimately concerned how he exercised prosecutorial discretion in complex matters, describing the decisions under scrutiny as questions of professional judgment rather than misconduct. His legal team called several prominent legal figures, including former prosecutor Gerrie Nel, to testify about prosecutorial independence and the pressures associated with making charging decisions.

The inquiry was not without controversy. In December 2025, Batohi abruptly ended her testimony, a move that occurred during a process of intense scrutiny regarding the NPA’s senior leadership. Retired Constitutional Court Justice Baaitse Nkabinde formally handed the final report to the President on Wednesday. The President concluded his letter to Chauke by stating: “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.”