Chauke inquiry slows to a crawl as evidence mountain overwhelms panel

The inquiry into Advocate Andrew Chauke’s fitness to continue serving as Gauteng’s Director of Public Prosecutions is struggling to maintain momentum, hindered by an enormous volume of evidence that has overwhelmed the panel tasked with assessing the case.

Chauke was suspended earlier this year, he faces a series of allegations relating to his decision-making in several politically sensitive matters, prompting President Cyril Ramaphosa to order a formal investigation into his conduct.

Retired Judge Bess Nkabinde, who chairs the inquiry, has confirmed that the process is moving far slower than expected, with thousands of pages of documentation and complex legal arguments requiring meticulous examination. What was initially projected to be a straightforward assessment has grown into a sprawling interrogation of how one of the country’s most senior prosecutors exercised his discretion over the past decade.

National Director of Public Prosecutions Shamila Batohi, whose concerns triggered the establishment of the inquiry, has been giving lengthy testimony. She is expected to outline in detail why she believes the matter needed independent scrutiny.

Her evidence touches on several high-profile cases and the broader question of whether Chauke’s actions undermined public confidence in the prosecutorial system. Batohi has consistently emphasised that the inquiry is not an attack on prosecutorial independence but a necessary step to protect the credibility of the National Prosecuting Authority.

Chauke, however, has rejected the allegations outright. Through his legal representatives, he has argued that the accusations are vague, selectively framed, and deeply unfair. According to his team, his decisions were lawful, properly reasoned, and made within the boundaries of his constitutional mandate. They insist he is being targeted for routine discretionary choices that prosecutors across the country make every day.

The inquiry itself has also undergone adjustments. One of its members stepped down earlier in the process, prompting the appointment of a replacement to ensure the panel remains functional. Even with a full bench, the load remains daunting.

Judge Nkabinde has warned that the sheer scale of material, combined with the need for procedural fairness, means the final report will take longer to compile than previously anticipated.

While the inquiry grapples with its workload, Chauke remains on suspension, and the leadership of the Gauteng prosecution service continues under acting arrangements. The Presidency has reiterated that it will only act once the inquiry has delivered its findings, stressing that both due process and public trust must guide the way forward.