Ramaphosa Suspends DPP Andrew Chauke, Establishes Inquiry into Fitness for Office

President Cyril Ramaphosa has formally initiated an inquiry into the fitness of Advocate Andrew Chauke to continue serving as Director of Public Prosecutions (DPP). The Presidency confirmed on Monday that the inquiry will be conducted under section 12(6)(a) of the National Prosecuting Authority (NPA) Act of 1998, which provides the legal framework for assessing the removal or suspension of senior prosecutors on grounds of misconduct, incapacity, or unfitness to hold office.

Suspension on Full Pay

Pending the conclusion of the inquiry, President Ramaphosa has suspended Advocate Chauke with effect from 20 July 2025, on full pay. This decision reflects the gravity of the allegations while ensuring that due process is followed without prematurely prejudicing the outcome.

According to the Presidency, the inquiry will examine serious allegations regarding Chauke’s fitness and propriety to continue serving both as a DPP and as a member of the NPA. Chauke has been at the helm of the DPP office since his appointment on 1 September 2011, during which time he has overseen numerous high-profile prosecutions.

Inquiry Leadership and Members

To ensure impartiality and credibility, President Ramaphosa has appointed a panel of respected legal figures to lead the inquiry:

• Retired Justice Baaitse Elizabeth (Bess) Nkabine will serve as Chairperson. Justice Nkabine brings years of judicial experience and is recognized for her integrity and independence.

• Advocate Elizabeth Baloyi-Mere SC, a senior counsel with extensive prosecutorial and legal expertise.

• Attorney Thenjiwe Vilakazi, known for her contributions to legal ethics and justice reform.

The panel’s composition reflects a deliberate effort to balance judicial, prosecutorial, and legal practice perspectives.

Legal and Constitutional Basis

The Presidency stressed that the inquiry will be conducted in accordance with the Constitution, the NPA Act, and the principles of natural justice, ensuring fairness, transparency, and impartiality. This means Chauke will be afforded the right to respond to allegations, legal representation, and a hearing before the inquiry panel.

The Chairperson, in consultation with the Minister of Justice, will determine the seat of the inquiry as well as the rules of procedure that will govern its operations.

Next Steps and Report to the President

At the conclusion of the proceedings, Justice Nkabine will submit a comprehensive report containing the panel’s findings and recommendations to President Ramaphosa. Based on this report, the President will decide whether Chauke should remain in office or be removed.

This development comes at a time when the credibility and independence of the NPA remain under close public scrutiny. The outcome of this inquiry will have significant implications for the prosecuting authority’s leadership, public trust in the justice system, and the broader fight against corruption and crime in South Africa.