Think tank, the Centre for Development and Enterprise (CDE) has welcomed President Cyril Ramaphosa’s suspension of South Gauteng Public Prosecutions director Advocate Andrew Chauke, describing it as a necessary step to restore public trust and rebuild the prosecuting authority.
Ramaphosa suspended Chauke with immediate effect, following concerns that his continued tenure would negatively affect the National Prosecuting Authority (NPA).
This comes almost two years after NPA director Advocate Shamila Batohi wrote to Ramaphosa to request that he suspend Chauke amid withdrawals of State capture cases and low prosecutions.
“Nearly two years of inaction by the Presidency on a matter of such gravity has damaged public confidence in the President as well as the independence and integrity of the National Prosecuting Authority,” said CDE executive director Ann Bernstein.
She said while the suspension was long overdue, she hoped there would be more executive support for the NPA and an end to the “political inaction and foot-dragging” that had hindered the NPA.
“A worrying example of this is that the NPA still does not have full, totally unfettered access to the archives of the Zondo Commission,” she said.
Bernstein said Chauke’s suspension was about strengthening the entire prosecuting system.
“…the Chauke case highlights the importance of ensuring people of excellence, integrity and experience serve in the leadership of the NPA throughout the country,” she added.
Last month, CDE advised Ramaphosa to not extend the term of office of Batohi and recommended a new appointment model akin to the 2019 South African Revenue Service commissioner selection process.
The purpose of the inquiry would be to get to the bottom of the NPA’s failure to successfully prosecute major corruption and State capture cases and to chart a credible course forward.
Batohi is required to vacate her office in January 2026, as she reaches the age of 65.
CDE has proposed that the new process for appointing Batohi’s successor include public criteria for candidates, assessment by an independent selection panel that enjoys widespread national support, and transparency around the reasons for the final decision.
Bernstein said Ramaphosa had finally initiated some long called for action on fixing the NPA.
“He must now act speedily by building on the 2018 National Director of Public Prosecutions appointment process and taking it further. South Africa needs a new NDPP appointed before Advocate Batohi retires in January," she explained.
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