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ActionSA expresses frustration at President Cyril Ramaphosa’s continued indecisiveness regarding the suspension of Johannesburg Director of Public Prosecutions, Advocate Andrew Chauke. 

Despite receiving a formal request from the National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, as far back as August 2023, the President has yet to act decisively. In an oral response on Wednesday, the Minister of Justice stated that President Ramaphosa is only now at an “advanced stage” of considering suspension, nearly three years after initial concerns were raised about Advocate Chauke’s conduct.

Chauke has presided over a litany of questionable decisions, including: The withdrawal of charges against former Crime Intelligence boss Richard Mdluli; the pursuit of the discredited Cato Manor case against General Johan Booysen; and the irrational withdrawal of corruption charges against ANC MP Zizi Kodwa, based on vague "representations" that NPA leadership now intends to review.

This pattern raises serious concerns about Chauke’s impartiality and fitness to hold office - concerns clearly recognized by the NDPP herself. Yet President Ramaphosa appears either unwilling or unable to confront what is clearly a compromised prosecutorial leadership in Gauteng and continues to drag his feet.

ActionSA reminds the President that Section 12(6) of the NPA Act empowers him to provisionally suspend a Director of Public Prosecutions pending an inquiry into their fitness. The refusal to use this power reflects not a failure of process, but a failure of political will.

Frankly, President Ramaphosa’s habitual inaction has become an enabler of impunity. From playing musical chairs with embattled Minister Thembi Simelane, to allowing Advocate Andrew Chauke to remain in office despite serious allegations and a trail of controversial decisions, the President continues to erode public confidence in our prosecutorial system. 

It’s little wonder that corruption flourishes in an environment where the head of state appears more comfortable sitting on his hands than cracking the whip. ActionSA maintains that corruption must be thoroughly investigated and prosecuted, not protected. The President must either act or concede that his administration has no interest in justice or restoring public trust.

Issued by ActionSA Parliamentary leader Athol Trollip