Adv Andrew Chauke has been exonerated by a presidential panel.
Adv Andrew Chauke has been exonerated by a presidential panel and can return to his post as Gauteng South Director of Public Prosecutions.

Gauteng prosecutor exonerated after months-long fitness enquiry

Adv Andrew Chauke has been exonerated by a presidential panel.
Adv Andrew Chauke has been exonerated by a presidential panel and can return to his post as Gauteng South Director of Public Prosecutions.

Gauteng South Director of Public Prosecutions Adv Andrew Chauke has been cleared to return to his post after a presidential panel found no evidence to support allegations that he was unfit to hold office.

President Cyril Ramaphosa established the enquiry in September 2025 under the National Prosecuting Authority Act of 1998, following serious allegations regarding Chauke’s fitness and propriety to hold office as a senior prosecutor.

The director had been on suspension since July 2025, pending the outcome of the investigation.

Allegations examined

The Nkabinde Panel of Enquiry, chaired by Justice Baaitse Elizabeth Nkabinde, investigated claims that Chauke had taken improper prosecutorial decisions in the Cato Manor matter and acted unlawfully in his coordination functions.

The panel also scrutinised Chauke’s decision to provisionally withdraw murder and related charges against former Crime Intelligence head General Richard Mdluli, and to refer the matter to an inquest instead.

The panel considered extensive oral evidence, documentary evidence, expert opinions, witness statements and legal submissions before reaching its conclusions.

Panel’s findings

The panel found no credible evidence to support claims that Chauke had taken prosecutorial decisions as alleged in the Cato Manor matter, or that he had acted unlawfully whilst performing his coordination functions.

Regarding the Mdluli case, the panel determined that Chauke’s decision to provisionally withdraw the charges and refer the matter to an inquest was not irrational.

Based on these findings, Ramaphosa said he was satisfied there was no basis to conclude that Chauke is unfit to hold office as Director of Public Prosecutions.

Return to duty

The president thanked Chauke for his cooperation throughout the enquiry process and expressed trust that the finalisation of the matter would enable him to continue discharging his constitutional and statutory responsibilities with dedication and integrity.

Ramaphosa also thanked Justice Nkabinde and her panel members, Adv Elizabeth Baloyi-Mere SC and Attorney Matshego Ramagaga, for the manner in which they undertook their task.

Chauke can now resume his duties as Gauteng South Director of Public Prosecutions after being on suspension for more than four months.

The National Prosecuting Authority has not yet commented on when Chauke will return to his office.

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