President Ramaphosa suspends Andrew Chauke – what we know so far

President Cyril Ramaphosa has initiated a formal inquiry to assess the suitability of Advocate Andrew Chauke, Director of Public Prosecutions in Gauteng, to continue holding office.

The decision follows Chauke’s suspension with full pay in July 2025, pending the outcome of the inquiry. The move comes after mounting allegations questioning his fitness, integrity, and effectiveness in leading prosecutions.

Who Will Lead the Inquiry?

The president has appointed retired Justice Baaitse Elizabeth Nkabine as chairperson. She will be joined by Advocate Elizabeth Baloyi-Mere SC and attorney Thenjiwe Vilakazi as additional panel members.

In consultation with the Minister of Justice, Justice Nkabine will set the procedural rules and determine the venue. Upon conclusion, the panel must submit a full report with findings and recommendations to President Ramaphosa.

Background to the Suspension

Advocate Chauke, who has been in the role since September 2011, faced criticism over a lack of progress in high-profile cases, including matters linked to state capture allegations. In 2023, NPA head Shamila Batohi formally requested his suspension, citing concern over withdrawn prosecutions and failure to advance key cases.

The inquiry will determine whether Chauke should remain in office or face removal under the provisions of the National Prosecuting Authority Act of 1998.

Key Questions

1. Why has Advocate Andrew Chauke been suspended?
   He was suspended due to serious allegations regarding his ability to effectively and fairly lead the prosecution service. Concerns included poor case outcomes and the withdrawal of state capture-related prosecutions.
2. Who is chairing the inquiry into Chauke?
   Retired Justice Baaitse Elizabeth (Bess) Nkabine has been appointed chairperson, supported by Adv Elizabeth Baloyi-Mere SC and attorney Thenjiwe Vilakazi.
3. What happens after the inquiry is completed?
   The chairperson will submit a report to President Ramaphosa. Based on the findings, the president will decide whether Chauke should be reinstated or removed from office.
4. When did Chauke become Director of Public Prosecutions?
   He was appointed on 1 September 2011 and has held the position for over a decade.
5. What law governs this process?
   The inquiry is established under Section 12(6)(a) of the National Prosecuting Authority Act of 1998, alongside constitutional principles of fairness and natural justice.