Former KZN prosecutor tells inquiry Chauke is fit for office

Cyril Mlotshwa conceded he testified under pressure at previous commissions but does not believe Andrew Chauke should be removed.

Former KwaZulu-Natal Acting Director of Public Prosecutions Cyril Mlotshwa told the Nkabinde Enquiry he does not believe suspended South Gauteng Director of Public Prosecutions Andrew Chauke is unfit to hold office, despite having testified against him at previous commissions.¹

The Nkabinde Enquiry is investigating Chauke's fitness to continue as Director of Public Prosecutions.¹ Mlotshwa previously testified at the Zondo and Mogoro inquiries, where he alleged that Chauke pressured him to sign an indictment against former Hawks head Johan Booysen and members of the Cato Manor unit without proper documentation.¹²

Mlotshwa told the enquiry he felt compelled rather than willing to testify against Chauke at those commissions.¹ He said he initially resisted, citing his workload, but was told he would be reported to the Legal Practice Council or the minister's office if he did not cooperate.¹ "It was on that basis that I agreed that, though it happened 14 years ago, I will assist," Mlotshwa said.¹

Advocate Thembeka Ngcukaitobi asked Mlotshwa directly whether he believed Chauke was unfit to hold office. Mlotshwa responded: "With the evidence I have, I don't think he is not."¹

During his testimony, Mlotshwa contradicted his earlier statements to the enquiry regarding when he learned that prosecutors from outside his jurisdiction would handle the Cato Manor cases.² He initially said he only became aware of this arrangement at the end of May 2012, but later conceded he was informed before that date.² Mlotshwa clarified that while he knew Chauke would send a team to KwaZulu-Natal, he was not aware of the details of the matter until he was recalled to testify.²

Mlotshwa also told the panel he would have pursued racketeering charges against Johan Booysen.¹