Former prosecutor defends Chauke at Nkabinde Inquiry

Former KwaZulu-Natal prosecutor Moipone Noko testified at the Nkabinde Inquiry in support of South Gauteng Director of Public Prosecutions Andrew Chauke, countering allegations of misconduct in the Cato Manor case. She highlighted her own experiences within the National Prosecuting Authority while affirming Chauke's actions.

At the Nkabinde Inquiry, which is probing Andrew Chauke's fitness for office, former prosecutor Moipone Noko appeared this week to defend him. The inquiry stems from a request by outgoing National Prosecuting Authority (NPA) head Shamila Batohi to President Cyril Ramaphosa, focusing on Chauke's role in the Cato Manor matter and the failure to charge former Crime Intelligence head Richard Mdluli.

Noko, who had initially not responded to evidence leaders' requests for a statement, testified on Chauke's behalf. She endorsed his efforts to prosecute members of the South African Police Service's Cato Manor unit and its head, Major General Johan Booysen. "I said I can testify for the commission or for advocate Chauke, but I cannot testify being led by the evidence leader putting out the position that supports the NPA position as far as the Cato Manor case is concerned," Noko stated.

The case involved 23 interconnected dockets and 28 murder charges against unit members, accused of staging shoot-outs and planting firearms between 2008 and 2011. In August 2012, under acting NPA head Nomgcobo Jiba, Chauke briefed Noko on the matter as South Gauteng DPP. Noko did not see issue with Chauke leading a KwaZulu-Natal prosecution outside his Gauteng jurisdiction, noting official allowances for such delegations.

In March 2014, acting NPA head Mxolisi Nxasana instructed Noko to take over the case, ending Chauke's oversight. Noko also backed former NPA head Shaun Abrahams' reinstatement of racketeering charges against Booysen, which Batohi later withdrew amid Booysen's claims of political persecution linked to Zuma family investigations.

Noko shared her own NPA struggles, including false accusations of political meddling in the 'Amigos' corruption case involving Gaston Savoi, Mike Mabuyakhulu, and Peggy Nkonyeni. She described letting nine accused off as a decision amid exhaustion, with colleagues allegedly leaking to media. Recently, in September 2024, Savoi's guilty plea to fraud and corruption has paved the way for recharging Mabuyakhulu and Nkonyeni. Noko was promoted to acting DPP, sidelining Simphiwe Mlotshwa who resisted dropping charges. The inquiry continues.

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