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Batohi Tells Inquiry Chauke Acted Unreasonably in Dropping Mdluli Charges

She cites prosecutors’ advice alongside a High Court finding that the evidence supported proceeding.

Overview

  • Testifying before the Nkabinde inquiry, the NDPP said Andrew Chauke ignored clear internal advice that a solid circumstantial case existed against Richard Mdluli.
  • In February 2012, the Gauteng DPP withdrew murder and related charges and referred the matter to an inquest.
  • Investigating officer Colonel Kobus Roelofse compiled evidence of threats, intimidation and violence linked to Mdluli’s opposition to Oupa Ramogibe’s relationship with Tshidi Buthelezi.
  • A 2013 High Court judgment by Judge John Murphy found the inquest affidavits supported a prima facie case and faulted the magistrate’s contradictory conclusions.
  • The inquiry into the suspended prosecutor’s fitness continues, with Batohi noting her testimony relies on affidavits and court records given limited personal knowledge.