National Director of Public Prosecutions Shamila Batohi has accused suspended Johannesburg DPP Andrew Chauke of attempting to force a senior KwaZulu-Natal prosecutor to sign an indictment in the controversial Cato Manor “death squad” case without first reviewing the evidence docket.
Testifying at the Nkabinde Inquiry into Chauke’s fitness to hold office, Batohi told the panel that Chauke allegedly instructed the prosecutor to “just sign” the document, claiming the evidence had already been checked by his Johannesburg team.
The allegation formed part of Batohi’s evidence that Chauke unlawfully bypassed and undermined the authority of then acting KwaZulu-Natal DPP, Advocate Cyril Mlotshwa, when he took control of the racketeering prosecution against former provincial Hawks head Johan Booysen and members of the Cato Manor organised crime unit.
Retired Justice Bess Nkabinde, chairing the inquiry, again intervened on Monday, pressing Batohi to clearly spell out the illegality or unlawfulness of Chauke’s actions.
“It doesn’t appear that we’ve really gone to the crux of the matter – to understand the illegality or the unlawfulness of his conduct, if any,” Nkabinde said.
Batohi spent hours reading email correspondence between Chauke and Mlotshwa, highlighting what she described as repeated attempts by Chauke to sideline the KZN office and assert control over a case outside his jurisdictional area.
President Cyril Ramaphosa suspended Chauke in July 2025 after Batohi lodged a formal complaint in 2023, citing concerns that politically influenced decisions in both the Cato Manor and Richard Mdluli matters had eroded public trust in the NPA.
Batohi maintained that Chauke’s conduct went beyond legitimate prosecutorial discretion and amounted to an abuse of power.
Cross-examination of the NDPP by Chauke’s counsel, Advocate Tembeka Ngcukaitobi SC, is expected to start once Batohi completes leading her evidence-in-chief.
The inquiry continues on Tuesday.