Nkabinde Enquiry into Advocate Andrew Chauke Enters Final Phase

The high-profile Nkabinde Enquiry into the fitness of Advocate Andrew Chauke to hold office has reached a crucial milestone, with all legal parties formally closing their cases—signalling the end of the evidentiary phase and the beginning of final legal deliberations.

Chaired by retired Constitutional Court Justice Baaitse Elizabeth Nkabinde, the enquiry was established in September 2025 to assess whether Advocate Chauke, Director of Public Prosecutions (DPP) for the South Gauteng Division, remains fit to occupy one of the most critical prosecutorial positions in the country.

Evidentiary Phase Concludes After Months of Testimony

In a statement issued on Friday, enquiry spokesperson Tiyisela Mpuzana confirmed that both the evidence leaders—headed by Advocate Mohlamonyane SC—and Advocate Chauke's legal team have officially concluded their presentations.

"The evidentiary phase of the enquiry is accordingly concluded," Mpuzana stated, marking the transition from fact-finding to legal argumentation.

The closure of evidence follows months of testimony, cross-examinations, and the presentation of documentary records, forming a comprehensive body of material that will now underpin the panel's final assessment.

Strict Deadline Set for Final Submissions

The enquiry has now entered the submissions phase, a critical stage where legal teams are required to consolidate their arguments and interpret the evidence presented.

All parties have been directed to submit detailed written arguments—beyond standard heads of argument—by 14 May 2026, with the panel enforcing a strict no-exceptions policy on late submissions.

"No submissions will be accepted after this deadline," Mpuzana emphasized, noting that the Secretary of the Enquiry has been explicitly instructed not to circulate any documents received beyond the cut-off date.

This firm procedural stance reflects the panel's commitment to efficiency, procedural fairness, and timely completion—key considerations given the public significance of the case.

Decision Pending on Oral Arguments

Following the submission of written arguments, the panel will determine whether oral submissions will be necessary to clarify complex legal or factual issues.

Legal analysts suggest that while oral arguments are not guaranteed, they are often used in high-stakes enquiries to test interpretations and provide final clarity before a ruling is made.

Batohi Declines to Return, Statement Rejected

In a notable development, former National Director of Public Prosecutions, Advocate Shamila Batohi, has opted not to return to the enquiry to complete her partially delivered testimony under cross-examination.

Her legal representatives instead requested that a written statement be entered into the record. However, the panel rejected this request.

"The statement has no probative value and may prejudice parties referred to therein, including the panel," Mpuzana explained, underscoring concerns about fairness and evidentiary integrity.

The decision signals the panel's strict adherence to procedural rules, particularly regarding the admissibility and testing of evidence through cross-examination.

Implications for the National Prosecuting Authority

The outcome of the Nkabinde Enquiry carries significant implications for the National Prosecuting Authority (NPA), particularly at a time when public confidence in prosecutorial independence and effectiveness remains under scrutiny.

Advocate Chauke's position as DPP places him at the center of high-profile prosecutions in South Gauteng, making the enquiry's findings critical not only for institutional credibility but also for broader justice system reforms.

Final Report Due by End of June

The enquiry is expected to conclude its work and submit a comprehensive report to President Cyril Ramaphosa by 30 June 2026. The report will include findings and recommendations on whether Advocate Chauke is fit to continue in office.

This timeline aligns with the government's broader push for accountability and governance reform within key institutions, including the justice sector.

As the process enters its final stage, attention will now shift to the legal arguments that will shape the panel's ultimate determination—one that could have lasting consequences for prosecutorial leadership and the rule of law in South Africa.