Andrew Chauke fires shots at Batohi over 'baseless' state capture insinuations
DPP Andrew Chauke's legal team accuses NDPP Shamila Batohi of unfairly linking him to state capture without evidence, amid ongoing inquiry into his fitness for office.
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Lawyers representing suspended Gauteng's Director of Public Prosecutions (DPP), Advocate Andrew Chauke have accused National Director of Public Prosecutions (NDPP) Shamila Batohi of linking him to state capture without any evidence.
The accusation came during Batohi's testimony at the Nkabinde Inquiry on Monday, which is probing Chauke's fitness to hold office following a complaint lodged by Batohi herself.
The inquiry focuses on two controversial cases: the racketeering prosecution of Major-General Johan Booysen and members of the Cato Manor Organised Crime Unit, and the decision to discontinue murder charges against former crime intelligence head, Lieutenant General Richard Mdluli.
Testifying before the inquiry, Batohi was questioned by Advocate Tembeka Ngcukaitobi about her repeated references to state capture in the context of her actions involving Chauke.
Batohi admitted that she had no personal knowledge of any involvement by Advocate Chauke in state capture but explained that the issue of state capture had been a major concern within the National Prosecuting Authority (NPA) during the time she made certain decisions.
In response to the questioning, Batohi acknowledged that her decisions were made against the backdrop of the Zondo Commission’s inquiry into state capture.
“That was in fact the NPA and the capture of the criminal justice system that was something that the Zondo Commission was enquiring into. And I couldn’t turn a blind eye to the fact that this was what was being enquired into. As a responsible National Director, I needed to consider all options,” Batohi said.
Although Batohi admitted to no direct knowledge of Chauke’s involvement in state capture, she maintained that state capture was a relevant context to the actions she had taken at the time.
"I was asked what were the reasons for me doing certain things at the time, and I explained that that was the context within which I took those decisions,” she said.
She emphasised that her remarks were not intended to accuse Chauke directly but were a reflection of the broader atmosphere of concern surrounding the capture of the criminal justice system.
However, Ngcukaitobi was critical of Batohi’s approach, arguing that her repeated mentions of state capture in relation to Chauke were unjustified and damaging.
“You have no evidence that Advocate Chauke was involved in state capture, yet you have repeatedly mentioned state capture in the context of this inquiry,” Ngcukaitobi said.
Ngcukaitobi accused Batohi of attempting to "poison the atmosphere" of the inquiry and create an unfair impression of Chauke.
"You are attempting to create the impression that Mr Chauke is involved in state capture when you know full well that you have no such evidence,” Ngcukaitobi said.
Ngcukaitobi also pushed Batohi on her motivations, saying, "Advocate Batohi, we are in an enquiry against Advocate Chauke. We’re not in a state capture enquiry. My question was simple. You’ve given me an answer.
''You have no evidence that Advocate Chauke was involved in state capture, yet you have repeatedly mentioned state capture in the context of this enquiry to Advocate Chauke. That is what I am saying to you is intentionally designed to poison the atmosphere of this enquiry, to create the impression that Mr Chauke is involved in state capture, when you know full well that you have no such evidence."
Batohi insisted that she was merely providing context for her actions at the time, given the serious concerns about the integrity of the NPA and the criminal justice system as a whole.
“I could not turn a blind eye to what was happening around me,” she said, reiterating that her focus had been on the broader challenges faced by the NPA, not on implicating any specific individual.
“It was the atmosphere we were dealing with at the time. I took those decisions with all of that in mind.”
The inquiry, which was launched following Batohi's complaint, continues to explore the circumstances surrounding the controversial cases and to assess whether Advocate Chauke is fit to remain in office.
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