Nkabinde rejects NPA’s application to lead own evidence

Retired Constitutional Court Justice Bess Nkabinde (Centre) chairs enquiry into suspended South Gauteng Director of Public Prosecutions Adv Andrew Chauke’s fitness to hold office in Pretoria on March 3, 2026.

Retired Constitutional Court Justice Bess Nkabinde has dismissed the National Prosecuting Authority (NPA)’s application to be separate from the Enquiry’s evidence leading team.

The NPA had wanted to lead its own evidence, cross-examine witnesses and file objections.

The enquiry is probing suspended South Gauteng Director of Public Prosecutions Adv Andrew Chauke’s fitness to hold office.

Nkabinde says she has found that the agency’s application is without merit.

She says, “In our view, the attitude and approach of the NPA is not only declaratory but also constitutes an abuse of the inquiry process. Such an attitude and approach cannot, in the circumstances, be countenanced.”

Nkabinde says, “We emphasise that the NPA’s interests are adequately represented in the inquiry. The evidence leaders are independent and should be neutral. This view is consistent with an inquisitorial nature of the inquiry proceedings. The application lacks merit and should be dismissed.”