Our Mandate

The Enquiry into the Fitness to Hold Office of Advocate Andrew Chauke (“the Enquiry”) was established by the President of the Republic of South Africa, His Excellency Mr Cyril Ramaphosa, on 29 September 2025, in terms of section 12(6)(a) of the National Prosecuting Authority Act 32 of 1998. The President appointed Justice Baaitse Elizabeth (“Bess”) Nkabinde, retired Justice of the Constitutional Court of South Africa, as Chairperson of the Enquiry, assisted by Panel members, Advocate Elizabeth Baloyi-Mere SC and Attorney Matshego Ramagaga (replacing the former Panel member Attorney Thenjiwe Vilakazi). 

The Enquiry is mandated to investigate and determine whether Adv Andrew Chauke, the Director of Public Prosecutions for the South Gauteng Division, remains fit and proper  to continue to hold office.

Specifically, the Enquiry will enquire into, report on and make recommendations on allegations set out in paragraph 3 of the Presidential Minute issued by the President dated 19 September 2025.

The Enquiry must be conducted with fairness, transparency, and must adhere to the rules of natural justice, ensuring that the process upholds the integrity and independence of the National Prosecuting Authority

Terms of Reference

In terms of the National Prosecuting Authority Act, read with section 179 (3) of the Constitution, the Directors of Public Prosecutions must be appropriately qualified, and must be fit and proper to be trusted with the responsibility of the office concerned and must exercise his/her functions without fear, favour or prejudice. 

The Enquiry may review matters arising during Advocate Chauke’s tenure from 2011 to 2025, or any other period deemed relevant by the Chairperson insofar as it relates to the Terms of Reference.  Should new matters emerge over the course of the Enquiry, such matters may be included in the scope of the Enquiry at the instance of the President.

Follow this link to view the full Terms of Reference for the enquiry.

Code of Conduct - National Prosecuting Authority Download

National Prosecuting Authority Act 32 of 1998 Download

Signed Procedural Rules Download

Regulation Gazette No.11896 (20 October 2025) Download

Regulation Gazette No.11889 (30 September 2025) Download

Senior Mangement Service Handbook Download

Enquiry Directives (31 October 2025) Download

President's Minute No.211 of 2025 Download

Directive on the Further Timelines (18 No_251118_191929) Download

Media Articles

• Ramaphosa appoints new panel member for Andrew Chauke inquiry: Read More

• Cyril Ramaphosa suspends Andrew Chauke, alleged State Capture enabler and South Gauteng prosecutions head — (22 July 2025). Daily Maverick

• President Cyril Ramaphosa has suspended Advocate Andrew Chauke with immediate effect, pending an enquiry into his fitness to hold office. (3 July 2024)

• More than 10 months later, still no decision on whether Joburg prosecution boss must face enquiry News24 (3 July 2024)

Hearing

The Terms of Reference provide that the Chairperson shall determine the seat and rules for the Enquiry. The Chairperson has determined that the seat of the Enquiry will be the 29th Floor, 316 Thabo Sehume Street, Pretoria Central.  The Chairperson has further directed that the Enquiry will begin the hearings from 17 November 2025.

The Chairperson has also published the rules for the Enquiry here: Download

• SCHEDULE FOR 18 NOVEMBER (TUESDAY) Download
• SCHEDULE FOR FRIDAY, 21 NOVEMBER 2025 Download
• POWER FAILURE UPDATE FOR MONDAY 24 NOVEMBER 2025 Download
• SCHEDULE FOR MONDAY, 24 NOVEMBER 2025 Download
• SCHEDULE FOR TUESDAY, 25 NOVEMBER 2025 Download
• NKABINDE ENQUIRY STRENGTHENING OF THE EVIDENCE LEADING TEAM 25 November 2025 Download
• SCHEDULE FOR WEDNESDAY, 26 NOVEMBER 2025 Download
• CHAUKE DEFENCE GRANTED TIME TO PREPARE FOR ADV. BATOHI CROSS-EXAMINATION, 28 November 2025 Download • NKABINDE ENQUIRY ADJOURNS UNTIL 26 JANUARY 2026 Download
• Proclamation of the Extension of the NKABINDE ENQUIRY Timeline Download
• 2025.11.17 Hearing Transcript (Day 1) Download
• 2025.11.18 Hearing Transcript (Day 2) Download
• 2025.11.19 Hearing Transcript (Day 3) Download
• 2025.11.20 Hearing Transcript (Day 4) Download
• 2025.11.21 Hearing Transcript (Day 5) Download
• 2025.11.24 Hearing Transcript (Day 6) Download
• 2025.11.25 Hearing Transcript (Day 7) Download
• 2025.11.26 Hearing Transcript (Day 8) Download
• 2025.11.27 Hearing Transcript (Day 9) Download
• 2025.11.28 Hearing Transcript (Day 10) Download
• 2025.12.03 Hearing Transcript (Day 11) Download
• 2025.12.04 Hearing Transcript (Day 12) Download
• 2025.12.05 Hearing Transcript (Day 13) Download
• 2025.12.08 Hearing Transcript (Day 14) Download
• 2025.12.11 Hearing Transcript (Day 15) Download
• 2025.12.12 Hearing Transcript (Day 16) Download
• 2025.12.15 Hearing Transcript (Day 17) Download
• 2026.01.26 Hearing Transcript (Day 18) Download
• 2026.01.29 Hearing Transcript (Day 19) Download
• 2026.02.04 Hearing Transcript (Day 20) Download
• 2026.02.05 Hearing Transcript (Day 21) Download
• 2026.02.06 Hearing Transcript (Day 22) Download
• 2026.02.09 Hearing Transcript (Day 23) Download
• 2026.02.12 Hearing Transcript (Day 24) Download
• 2026.02.13 Hearing Transcript (Day 25) Download
• 2026.02.16 Hearing Transcript (Day 26) Download
• 2026.02.17 Hearing Transcript (Day 27) Download
• 2026.02.18 Hearing Transcript (Day 28) Download
• 2026.02.19 Hearing Transcript (Day 29) Download
• 2026.02.20 Hearing Transcript (Day 30) Download
• 2026.02.24 Hearing Transcript (Day 31) Download
• 2026.02.25 Hearing Transcript (Day 32) Download
• 2026.02.26 Hearing Transcript (Day 33) Download
• 2026.02.27 Hearing Transcript (Day 34) Download
• 2026.03.02 Hearing Transcript (Day 35) Download
• 2026.03.03 Hearing Transcript (Day 36) Download
• 2026.03.04 Hearing Transcript (Day 37) Download
• 2026.03.05 Hearing Transcript (Day 38) Download
• 2026.03.06 Hearing Transcript (Day 39) Download
• 2026.03.09 Hearing Transcript (Day 40) Download
• 2026.03.10 Hearing Transcript (Day 41) Download
• 2026.03.23 Hearing Transcript (Day 42) Download
• 2026.03.24 Hearing Transcript (Day 43) Download
• 2026.03.26 Hearing Transcript (Day 44) Download
• 2026.03.27 Hearing Transcript (Day 45) Download
• Evidence Leader's Opening Address - Adv David Mohlamonyane Sc (17 Nov 2025) Download
• Chauke Final Opening Statement Download
• Ruling on ToR Amendment Download
• Ruling for application to call Adv Noko Download
• Ruling - application for Postponement Download

Media Statements

• Media Statement – Enquiry into South Gauteng DPP Fitness to Hold Office Ready to Commence Hearings Read More

• President Cyril Ramaphosa establishes enquiry into Adv Andrew Chauke’s fitness to hold office — 29 September 2025. Read More

• National Prosecuting Authority Act: enquiry: Fitness of Advocate Andrew Chauke to hold Office of Director of Public Prosecutions. Read More

• Ramaphosa announces new enquiry to assess Chauke's fitness to hold office — Polity.org.za. Read More

• President establishes enquiry into DPP Chauke’s fitness to hold office — SAnews.gov.za. Read More

• President Ramaphosa establishes enquiry into Advocate Andrew Chauke’s fitness to hold office — The Presidency. Read More

• Ramaphosa appoints new panel member for Andrew Chauke enquiry — IOL News. Read More

• President Cyril Ramaphosa suspends South Gauteng Director of Public Prosecutions — The Presidency. Read More

• MEDIA RELEASE | CDE welcomes suspension of Gauteng prosecutor, renews call for reform of NPA and NDPP appointment process — CDE.org.za. Read More

• Ramaphosa announces enquiry into Andrew Chauke fitness to hold office — Jacaranda FM. Read More

• Ramaphosa orders enquiry into Advocate Andrew Chauke’s fitness to hold office — IOL News. Read More

• President establishes enquiry Into DPP Chauke's Fitness to Hold Office — AllAfrica.com. Read More

• Ramaphosa establishes enquiry into advocate Andrew Chauke's fitness for office — Bulletin.co.za. Read More

• President Ramaphosa suspends South Gauteng Director of Public Prosecutions — The Presidency. Read More

Meet The Enquiry

bess.jpg

Justice Baaitse Elizabeth Nkabinde

Chairperson

Justice Bess Nkabinde, who retired in December 2017 as a Justice of the Constitutional Court, practised law as an Advocate until she acted and was later appointed as Judge of the High Court in 1999. She was, later, privileged to act as a Judge in the Labour Court, Labour Appeal Court and Supreme Court of Appeal before her appointment in the Constitutional in January 2006. In May 2016 to June 2017, Justice Nkabinde acted as Deputy Chief Justice of the Republic of South Africa…

profile 2.jpg

Adv. Lizzy Baloyi-Mere SC

Panel Member

Advocate Baloyi-Mere is a Senior Counsel with experience in litigation, governance, and investigation. She holds an LLB. Appointed by Parliament to investigate GBV and misconduct involving MPs and PPS. Served as Acting Judge in Gauteng and Free State High Courts. Admitted in 2009, appeared in the Constitutional Court, SCA, and High Courts. Elected to the Legal Practice Council. Former teacher and co-founder of North West Teachers Union. Champions mentorship and transformation…

mjr profile1

Ms. Matshego Ramagaga

Panel Member

Ms. Matshego Ramagaga is a well-rounded senior legal practitioner holding Master of Laws (LLM) in Commercial Law from the University of South Africa (UNISA). She was admitted to the Legal Profession as an attorney in 1990 and she founded the law firm Matshego Ramagaga Attorneys Inc in 1991 in Pretoria where she serves as the managing director.

Ms Ramagaga has served the Republic of South Africa at national level in various positions including…

vd profile

Adv Vusi David Mtsweni

Evidence Leader

Adv Vusi David Mtsweni (replacing former Evidence Leader Attorney Mabjana Pertunia Thulare) holds an LLB degree from the University of South Africa (UNISA). He was admitted as an advocate of the High Court of South Africa on 05 March 2009.

Adv Mtsweni began his career in the Department of Justice as a Candidate Attorney from September 2006 to November 2007. He later served as an Assistant State Attorney from 2007 to 2009…

mmots david.jpg

Adv. Mmotse David Mohlamonyane SC

Evidence Leader

Mr Mmotse David Mohlamonyane holds a B.Iuris and LLB degree from the University of the North (UNIN). He was admitted as an advocate of the High Court of South Africa on 14 November 1996.

Professional Experience

Mr Mohlamonyane began his career in the Department of Justice as a Clerk of Court and Interpreter from 1982 to 1985. He later served as a Presiding Magistrate from 1985 until May 1996…
setati profile.jpg

Adv. Phuti Setati

Secretary

Advocate Phuti Setati serves as the Secretary of the Nkabinde Enquiry, responsible for administrative oversight, coordination of hearings, evidence management and ensuring strict compliance with procedural and legal requirements under the Enquiry’s Act.

As a designated Advocate, he plays a pivotal role in facilitating the Enquiry’s operations, including organising logistics and maintaining the integrity of the enquiry process…

ADV NICOLE MAYET SC

Evidence Leader

Nicole Mayet holds BA LLB and LLM degrees from the University of the Witwatersrand. She was admitted as an attorney in 1997 served as a public prosecutor before returning to practice with Webber Wentzel attorneys. She was called to the Bar in 2002 but elected to acquire skills in administrative, mining and finance law in the corporate realm before returning to practice at the Bar in 2011. In 2024, she was appointed as senior counsel. In 2024, she was appointed as senior counsel. She has appeared in the Constitutional Court, the Supreme Court of Appeal, in almost all the High Courts in the country…

Adv. Nkaiseng Khooe

Evidence Leader

Advocate Nkaiseng Khooe is a practising advocate. She holds a Master of Laws in International Economic Law (LLM), a Postgraduate Diploma in Labour Law from the University of the Free State, and a Bachelor’s degree from the National University of Lesotho. She began her career at the Free State Bar in 2013 before joining PABASA Bloemfontein Chambers in 2018.

She is a former part-time lecturer at the University of the Free State, is active in legal education and mentorship, and is committed to advancing transformation within the profession…

Venue

SALU Building,
316 Thabo Sehume Street
(c/o Thabo Sehume and
Francis Baard Streets), Pretoria
Private Bag X81, Pretoria, 0001

Email:
General Enquiries: inquiries@nkabindeinquiry.org.za
Media Enquiries: media@nkabindeinquiry.org.za