Tensions rose at the inquiry into suspended South Gauteng Director of Public Prosecutions (DPP) Andrew Chauke as his legal representatives pressed National Prosecuting Authority (NPA) head Shamila Batohi to clarify discrepancies in the inquiry’s terms of reference.
Chauke faces the inquiry after being placed on suspension, with proceedings chaired by retired Justice Bess Nkabinde. During cross-examination, Chauke’s defence team challenged Batohi on whether the terms guiding the inquiry were properly constituted and accurately reflected her recommendations.
Batohi testified that the draft terms of reference she had submitted were not identical to the version eventually approved and signed by the president. She maintained that changes were made in the final document that did not originate from her office.
“The draft we sent through differed from the document that was ultimately signed,” Batohi said, adding that she became aware of the discrepancies only after the final version was published. Chauke’s lawyers argued that these differences may have a bearing on the fairness and scope of the inquiry, pressing for clarity on how the alterations came about and what impact they may have on the proceedings.
Batohi, however, insisted that despite the changes, the inquiry remained empowered to investigate the issues that led to Chauke’s suspension and to determine whether his conduct warranted further action.
The Nkabinde inquiry forms part of ongoing efforts to address governance concerns within the NPA, following years of instability and allegations of impropriety involving senior officials. Proceedings are expected to continue as additional witnesses are called to clarify the sequence of events leading to the establishment of the inquiry.
Chauke, who has denied wrongdoing, is seeking to challenge what his defence describes as procedural irregularities and inconsistencies in the investigative process.