In a pivotal moment before the inquiry into Johannesburg Prosecutions Boss Andrew Chauke, the Head of the National Prosecuting Authority (NPA), Shamila Batohi, has firmly stated that she did not contribute to the final Terms of Reference adopted by President Cyril Ramaphosa. The phrase “NPA head distances herself from terms of reference in Andrew Chauke inquiry” has come to define the central tension emerging between Batohi’s initial complaint and the scope of the inquiry that followed.
The inquiry was established after Batohi submitted a formal complaint accusing Chauke of making politically motivated prosecutorial decisions. These allegations prompted President Ramaphosa to appoint an official inquiry to determine Chauke’s fitness to hold office. However, during her cross-examination, Batohi revealed significant discrepancies between the draft Terms of Reference she had provided and the final version issued by the Presidency.
“We did submit a draft to the President but what the President adopted subsequently is quite different from the draft,” Batohi said, emphasising that she and her office “didn’t input any draft that the President had” at the point of publication.
Her admission became more striking when she conceded that she had not fully familiarised herself with the final Terms of Reference, despite repeated questions from the inquiry panel requiring her to link her allegations against Chauke to the formal mandate of the investigation. This disconnect has prompted concern over how the inquiry will accurately assess the allegations underpinning its establishment.
The inquiry has now formally requested the original draft Batohi submitted to the President. Investigators intend to compare the two documents to determine how, and why, the Terms of Reference evolved. This comparison is expected to shed light on whether key aspects of her allegations were diluted, omitted, or reframed in the final document.
As proceedings continue, the inquiry’s ability to establish clarity will be vital. For now, the dynamic in which the NPA head distances herself from terms of reference in Andrew Chauke inquiry continues to shape public scrutiny of both prosecutorial leadership and executive decision-making.
