“President Ramaphosa is also concerned that Adv Chauke will not be able to fulfil his functions optimally while facing an inquiry,” Magwenya said.
According to Maganoe, what likely forced the president’s hand was a combination of factors – including public outcry over Chauke’s questionable decisions and a recommendation by Batohi to place him on precautionary suspension as far back as 2023.
“The final trigger may well have been the fallout from the withdrawal of corruption charges against [former sports, arts and culture minister] Zizi Kodwa in late 2024.
“That decision drew attention, especially as it involved allegations of bribery and followed similar controversial prosecutorial calls under Chauke’s leadership. With regard to those withdrawn cases, particularly Kodwa’s, the suspension opens the door for renewed scrutiny.
Chauke withdrew the corruption charges against Kodwa and co-accused Enterprise Outsourcing executive Jehan Mackay in November.
“Batohi has already exercised her constitutional authority to review the decision to drop the charges and this could result in the matter being revived if it’s found that the withdrawal lacked proper legal justification,” Maganoe said.
Other cases he was accused of mishandling were that of then-head of crime intelligence, Richard Mdluli. In 2012, Chauke provisionally withdrew murder and other charges against Mdluli concerning the 1999 murder of Oupa Ramogibe.
However, the Supreme Court of Appeal overturned the matter after Freedom Under Law took it to court. The court ordered Chauke to decide which charges to reinstate.
Chauke then decided to reinstate charges of kidnapping, intimidation and assault, but not murder.
In another controversial matter, Chauke pursued the case against former KwaZulu-Natal Hawks head Johan Booysen, a matter which was later set aside by the courts.