President Cyril Ramaphosa has formally established an inquiry to determine the fitness of Advocate Andrew Chauke to continue serving as Director of Public Prosecutions (DPP). The announcement, made on Monday, follows Chauke’s suspension in July this year, after a cloud of allegations surrounding his conduct threatened to undermine confidence in the National Prosecuting Authority (NPA).
The inquiry has been set up in terms of Section 12(6)(a) of the National Prosecuting Authority Act of 1998, which empowers the President to probe the fitness of any Director of Public Prosecutions.
Ramaphosa has appointed retired Justice Baaitse Elizabeth (Bess) Nkabine as Chairperson of the inquiry, supported by Advocate Elizabeth Baloyi-Mere SC and attorney Ms Thenjiwe Vilakazi. Their mandate is to weigh evidence and determine whether Chauke is fit and proper to remain in office. At the conclusion of the proceedings, Justice Nkabine will submit a comprehensive report and recommendation to the President.
“The inquiry will look into certain serious allegations regarding Adv Chauke’s fitness and propriety to hold office,” presidential spokesperson Vincent Magwenya confirmed.
Chauke was suspended with full pay on 20 July 2025, pending the finalisation of the inquiry. At the time, the Presidency justified the suspension as a precautionary measure, citing the need to preserve the integrity of the NPA while allowing due process to unfold.
“The suspension is not a finding of guilt, but a necessary step to ensure that the allegations are ventilated in a fair, transparent, and impartial manner,” Magwenya said in July when the decision was announced.
Government explained that the move was prompted by reports raising questions about Chauke’s handling of politically sensitive prosecutions, as well as concerns over alleged irregular conduct in his leadership capacity.
Advocate Chauke was appointed as Director of Public Prosecutions for the South Gauteng office on 1 September 2011, a role that placed him at the helm of some of the most high-profile criminal cases in democratic South Africa. During his tenure, Chauke was often praised for his legal acumen but also criticised for decisions that some believed were politically influenced.
Over the years, Chauke has been accused by opposition parties and legal commentators of mishandling cases with political implications, a perception that placed him at the centre of public debate over the independence of the prosecuting authority. His defenders, however, argue that Chauke has consistently acted within the confines of the law and has been unfairly targeted in a highly politicised environment.
The controversy that led to his suspension came after mounting pressure from civil society organisations, some within the NPA, and political stakeholders who questioned his impartiality and ability to lead without fear or favour.
The establishment of the inquiry is being closely watched in political and legal circles, as its outcome could have far-reaching implications for the credibility of the NPA. The institution, already grappling with questions of independence and capacity, is under public scrutiny to demonstrate that no official is above accountability.
The appointment of Justice Nkabine, a retired jurist with a reputation for independence, signals Ramaphosa’s intention to ensure credibility in the process. The involvement of Advocate Baloyi-Mere and Ms Vilakazi further broadens the expertise available to the panel.
For now, Chauke remains on suspension while the inquiry prepares to begin its work. The Chairperson, in consultation with the Minister of Justice, will determine the venue and rules of procedure.
The decision on Chauke’s future will ultimately rest on the findings of the panel and the recommendations it submits to President Ramaphosa. Until then, the spotlight remains firmly fixed on the embattled prosecutor whose career now hangs in the balance.
