Counsel for suspended South Gauteng director of public prosecutions Andrew Chauke has accused national director of public prosecutions Shamila Batohi of lying about what she had presented before the inquiry into Chauke’s fitness to hold office. Tembeka Ngcukaitobi SC said he would argue that Batohi had lied during her evidence in chief when she said an opinion she had obtained from her adviser, Dr David Broughton, expressed no view on Chauke’s decision to withdraw murder charges against former head of crime intelligence Richard Mdluli. Ngcukaitobi said he would also argue Batohi lied when she said Broughton did not deal with the Mdluli matter when his opinions addressed it twice and on several pages.
Batohi rejected this accusation and said she had no reason to lie. The inquiry, headed by justice Bess Nkabinde, is to investigate allegations that Chauke instituted racketeering charges against former KwaZulu-Natal Hawks head Maj-Gen Johan Booysen and members of the Cato Manor unit when there was no evidence justifying the decision. The inquiry is also probing an allegation that Chauke failed to continue with the charges against Mdluli for his involvement in the murder of Tefo Ramogibe by withdrawing charges of murder and other related charges, despite strong evidence.
Ngcukaitobi had referred Batohi to her evidence in chief on November 28 that she had requested Broughton, on February 23 2023, to furnish her with an opinion on whether to refer complaints about Chauke’s conduct to the president. Batohi had testified that Broughton concluded she should make a recommendation to the president to institute an inquiry regarding the fitness of Chauke to hold office in respect of his involvement in the Booysen matter. “He did not deal with the Mdluli matter,” Batohi had said during her evidence on November 28.
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Ngcukaitobi referred Batohi to the opinion of Broughton, who said in light of a Supreme Court of Appeal (SCA) judgment in the Freedom under Law decision, no recommendation was made that an inquiry be instituted against Chauke relating to his murder charge withdrawal decision in the Mdluli case. Ngcukaitobi said in contrast, Broughton had recommended the institution of an inquiry into Chauke’s fitness to hold office in relation to the Cato Manor case. “He [Broughton] is expressly clear he is persuaded by the SCA decision not to make a recommendation in relation to the Mdluli case,” Ngcukaitobi asked Batohi.
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