Batohi forces showdown over NPA conduct at Chauke hearing

The NPA's practices and procedure will come under the spotlight on Thursday at the inquiry into embattled Johannesburg prosecutions boss Andrew Chauke.

Chauke is facing an inquiry into his fitness to hold office after NPA head Shamila Batohi laid a complaint against him.

In July president Cyril Ramaphosa suspended Chauke and then set up the inquiry.

Chauke’s accused of making questionable prosecutorial decisions that are politically motivated.

On Wednesday, Batohi spent the afternoon giving technical evidence on the employment structure at the NPA.

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She explained the role of the director of public prosecution compared to the national director

"The decision to prosecute is the DPP’s the regional power is the DPP. It is more a managerial function and oversight that resorts in the deputy national director," said Batohi.

Batohi told the commission that the national director, a position she currently holds cannot instruct a regional director of prosecutions on whether or not to prosecute.

This is important because according to Andrew Chauke’s lawyers the decision to prosecute former KZN hawks head Johan Booysen was made by then acting director of public prosecutions Nomgcobo Jiba and not Chauke.

Batohi will continue with her testimony on Thursday.