Suspended Gauteng NPA Head Andrew Chauke faces inquiry into fitness for Office

Advocate Andrew Chauke, the suspended head of the National Prosecuting Authority (NPA) in Gauteng, is preparing to face a formal inquiry into his fitness to hold office. The probe, authorized under the NPA Act, comes nearly two years after NPA National Director Shamila Batohi first requested disciplinary action against him from President Cyril Ramaphosa. Chauke, who has served in the role since 2011, was officially suspended in July 2025 amid long-standing allegations of misconduct.

The inquiry will be chaired by retired Constitutional Court judge Bess Nkabinde, who will be supported by advocate Elizabeth Baloyi-Mere and attorney Thenjiwe Vilakazi. According to Presidency spokesperson Vincent Magwenya, the investigation will examine “serious allegations regarding advocate Chauke’s fitness and propriety to hold office as a director of public prosecutions and as a member of the National Prosecuting Authority.” Nkabinde is expected to consult with the Minister of Justice to determine the inquiry’s location and procedural guidelines before proceedings commence.

Chauke’s tenure has been marred by accusations of quashing high-profile prosecutions involving politically connected figures, raising questions about impartiality within the NPA. Notable cases include the withdrawal of a murder charge against former police Crime Intelligence head Richard Mdluli and the aggressive pursuit of racketeering charges against former KwaZulu-Natal Hawks head Johan Booysen and the Cato Manor police unit, despite what critics described as insufficient evidence. These actions have fueled perceptions of selective prosecution and undue influence over the years.

The suspension in July elicited widespread support from public-interest groups and several political parties, who viewed it as a long-overdue step toward restoring public trust in the justice system. Organizations monitoring corruption and accountability have highlighted Chauke’s decisions as emblematic of deeper challenges within the NPA, including potential interference in sensitive investigations.

This inquiry marks the second such probe under the NPA Act in recent history; the first, led by the late Justice Yvonne Mokgoro in 2019, resulted in the parliamentary dismissal of deputy national director Nomgcobo Jiba and special director Lawrence Mrwebi. Nkabinde’s panel is slated to submit its findings directly to President Ramaphosa, potentially paving the way for further disciplinary measures or dismissal if impropriety is confirmed.