The Centre for Development and Enterprise (CDE) welcomes President Cyril Ramaphosa’s suspension of Advocate Andrew Chauke, the South Gauteng Director of Public Prosecutions, pending an inquiry into his fitness to hold office.

The President’s decision comes nearly two years after National Director of Public Prosecutions (NDPP) Shamila Batohi formally requested Chauke’s suspension.

CDE first raised this issue in its September 2024 report, Action Five: Energise the NPA, which criticised the Presidency’s failure to act on Batohi’s formal suspension request. In June 2025, CDE reiterated this concern in a second report, Appointing the Next Head of the NPA: Mission critical for the rule of law, describing the prolonged delay as “inexplicable and inexcusable.”

“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 (NPA),” said Ann Bernstein, CDE’s executive director.

“While the suspension is long overdue, it is a necessary step to restore public trust and the process of rebuilding the prosecuting authority,” she added.

“This is not just about one official. It is 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,” said Bernstein.

CDE hopes that the President finally suspending Chauke heralds greater support from the executive for the NPA, and an end to the political inaction and foot-dragging that has hindered the NPA in its work. A worrying example of this is that the NPA still does not have full totally unfettered access to the archives of the Zondo Commission.

CDE has called for a short, sharp, independent inquiry into the NPA, modelled on the successful Nugent Commission into SARS. 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.

NDPP Shamila Batohi recently signalled her support for such an inquiry, saying in a televised interview: “It would be very helpful to have a judge look into the structure, the operations, the systemic limitations and obstacles of the NPA.”

With Batohi’s term ending in January 2026, CDE has also proposed a new process for appointing her successor. This includes public criteria for candidates, assessment by an independent selection panel that enjoys widespread national support, and transparency around the reasons for the final decision.

“The President has finally initiated some long called for action on fixing the NPA. He must now act speedily by building on the 2018 NDPP appointment process, and taking it further. South Africa needs a new NDPP appointed before Advocate Batohi retires in January”, said Bernstein.

For media enquiries and interview requests, please contact Refiloe Benjamin: media@cde.org.za | 011 482 5140

ABOUT AGENDA 2024: PRIORITIES FOR SOUTH AFRICA’s NEW GOVERNMENT
AGENDA 2024, based on CDE’s extensive policy work and recent consultations with experts, business leaders, former public servants and academics, sets out to answer what is by far the most important question facing South Africa: what can a new government do to get the country back on track after 15 years of stagnation and decline?

Agenda 2024 sets out a series of carefully selected and crafted actions to signal a new approach to reform. The priority areas for action are: fix the state; drive growth and development by freeing up markets and competition; build a new approach to mass inclusion; deal with the fiscal crisis; and strengthen the rule of law. Previous reports in the series can be accessed here.

ABOUT THE CENTRE FOR DEVELOPMENT AND ENTERPRISE
CDE is an independent policy research and advocacy organisation. It is South Africa’s leading development think tank, focusing on critical development issues and their relationship to economic growth and democratic consolidation. Through examining South African realities and international experience, coupled with high-level forums, workshops and roundtables, CDE formulates practical policy proposals outlining ways in which South Africa can tackle major social and economic challenges.