President Cyril Ramaphosa has ordered a commission of enquiry into the fitness of advocate Andrew Chauke to lead the office of the Gauteng Director of Public Prosecutions (DPP). This has come due to serious allegation concerning his conduct as DPP. Presidency spokesman Vincent Magwenya gave confirmation on Monday that the inquiry had been initiated by the President in accordance with section 12 (6) (a) of the National Prosecuting Authority (NPA) Act of 1998.
Ramaphosa has appointed retired Justice Baaitse Elizabeth (Bess) Nkabinde to chair the inquiry. She will be joined by Advocate Elizabeth Baloyi-Mere SC and attorney Thenjiwe Vilakazi. Magwenya said the process will be guided by constitutional principles, the NPA Act, and the rules of natural justice, ensuring that the inquiry is conducted “fairly and impartially”. “In consultation with the Minister of Justice, the inquiry Chairperson will determine the seat of the inquiry as well as the rules of procedure,” Magwenya said. Once the proceedings are concluded, the Chairperson will submit a report to the President said Magwenya.
This commission will no doubt be fair and independent. They will examine Chauke’s actions in charge of Directorate of Public Prosecutions. If they find any evidence of wrongdoing or gross misconduct, they will report it back to the President. President Ramaphosa can determine whether Chauke should remain in office or be dismissed. Compromise on integrity should not be acceptable in any form or shape. The inquiry being led by Baloyi-Mere SC and Vilikazi will centre on whether the principles of transparency and accountability are displayed. Once the Seat (Venue) of Inquiry and rules of procedure have been established the investigation into the allegations of misconduct against Chauke will proceed.
JOHANNESBURG – President Cyril Ramaphosa has set up an inquiry to determine the fitness of Advocate Andrew Chauke to hold office as Gauteng Director of Public Prosecutions. Ramaphosa’s spokesperson, Vincent Magwenya, confirmed this on Monday. The President suspended Chauke in July. He has now appointed retired Justice Baaitse Elizabeth Nkabinde as chairperson of the inquiry, with Advocate Elizabeth Baloyi-Mere SC and attorney Thenjiwe Vilakazi as additional members. “In terms of the Constitution, the National Prosecuting Authority Act and the rules of natural justice, an inquiry as regards the allegations made against any Director of Public Prosecutions, should be conducted fairly and impartially. In consultation with the Minister of Justice, the inquiry Chairperson will determine the seat of the inquiry as well as the rules of procedure,” Magwenya says. Magwenya says the inquiry chairperson will submit a report to the President.
The allegations of misconduct against Chauke are a cause for concern. Any abuse of power is unacceptable. That said innocent until proven guilty should remain the name of the game and due process should follow. The current probe is made up of competent and professional lawyers who know how to carry out legal procedures. Impartiality and fairness will follow depending on what evidence will be on display concerning what Chauke was doing concerning his legal practices. The truth will be made public. Till then Chauke will likely remain suspended. Allegations of Misconduct in the practice of provincial and national prosecutions is a serious cause for concern and should not be acceptable. Once the inquiry is conducted and the findings reported to the President, he will determine whether Chauke can not only continue his position as Gauteng DPP but whether the courts can allow him to continue his legal practice.
Ramaphosa will make the report public and the truth will be known.
Article written by:
Yacoob Cassim
Journalist at Radio Al Ansaar
