Latest news with #NPAAct
The Citizen
17 hours ago
- Business
- The Citizen
NPA 'vindicated' by Zuma corruption loss, but will he appeal again?
Zuma has been accused of engaging in Stalingrad legal tactics with legal battles, challenges and appealls to avoid his day in court. The National Prosecuting Authority (NPA) said it hopes the judgment against corruption accused former President Jacob Zuma and French arms company Thales will pave the way for a speedy trial, which has been marred by delays. On Tuesday, the Pietermaritzburg High Court threw out Thales and Zuma's application to have their arms deal corruption trial dismissed. Zuma loss Zuma and Thales applied to be summarily acquitted of the arms deal corruption and racketeering charges on the basis that unreasonable delays had resulted in the deaths of crucial witnesses, Thales representative Alain Thétard and Pierre Moynot. Judge Nkosinathi Chili ruled that the court does not have the authority to withdraw the charges and that the corruption trial will now proceed as previously planned. ALSO READ: Zuma and Thales applications for summary acquittals dismissed NPA vindicated NPA spokesperson Advocate Mthunzi Mhaga said the prosecuting body welcomed the judgment. 'We hope that this paves the way for the resumption of the protracted trial, which has been plagued by many interlocutory applications that had the undesirable effect of delaying the trial. 'The NPA feels vindicated by the dismissal as we held the view that the application had no merit in view of the matters having been previously pronounced upon by the same court,' Mhaga said. The matter was postponed to December 4th, when the state will apply for the trial against Zuma and Thales to proceed regardless of any appeals lodged by the former president or the French arms company. Stalingrad strategy Zuma and Thales indicated that they would consider appealing the ruling made by the Pietermaritzburg High Court. Zuma has been accused of engaging in Stalingrad legal tactics with legal battles, challenges and appeals to delay his arms trial and avoid his day in court. The former president filed a series of appeals in a two-decade-long cycle of challenges, crusading to prosecute his arms deal prosecutor, Billy Downer, and journalist Karyn Maughan privately. However, the cases were invalidated as an 'abuse of process' by multiple courts. Corruption The former president tried but failed to privately prosecute Downer and Maughan for alleged breaches of the NPA Act. This is in connection with the leaking of his confidential medical information from one of the former president's military doctors in August 2021. Zuma is accused of 18 charges of corruption, racketeering, fraud and tax evasion. The arms deal case was declared trial-ready three years ago but has been delayed by his repeated failed efforts to force the removal of Downer. NOW READ: Zuma's point man touted to replace Shivambu as MK party SG
eNCA
6 days ago
- Politics
- eNCA
Civil society calls for transparent NDPP process
JOHANNESBURG - South Africa is preparing for the appointment of a new National Director of Public Prosecutions, a process set out in the Constitution and the NPA Act. The position holds significant responsibility for prosecutorial decisions and must remain independent from political influence.
IOL News
22-05-2025
- Politics
- IOL News
Victims of apartheid-era violations urge Mbeki and ex-minister to await TRC commission
Former president Thabo Mbeki and ex-Justice minister Brigitte Mabandla want to intervene in the case brought by survivors and families of victims of apartheid-era atrocities, who are demanding answers on why cases referred to the NPA and the police by the Truth and Reconciliation Commission were never pursued. Image: DIRCO Former president Thabo Mbeki and former Justice minister Brigitte Mabandla must wait for the commission of inquiry into the failure to prosecute cases referred by the Truth and Reconciliation Commission (TRC) to set the record straight. This is the response by the families of victims and survivors of apartheid-era crimes to Mbeki and Mabandla's application to intervene in the Gauteng High Court, Pretoria, is an application challenging the government's conduct in unlawfully refraining and/or obstructing the investigation and/or prosecution of apartheid-era cases referred by the TRC to the National Prosecuting Authority (NPA). Additionally, the families and survivors of apartheid-era gross human rights violations also want the high court to declare that the conduct amounting to unlawfully abandoning or undermining these cases violated their rights to equality, dignity, and the right to life and bodily integrity as enshrined in the Constitution. In the application, the families and survivors have asked the high court to declare the state's failure to prosecute the cases inconsistent with the country's constitutional values and the rule of law as enshrined in the Constitution. According to the families and survivors, unlawfully refraining and/or obstructing the investigation and/or prosecution of apartheid-era cases referred by the TRC is inconsistent with South Africa's international law obligations and the principles, values and obligations arising from the Promotion of National Unity and Reconciliation Act, read with the postscript to the 1993 interim Constitution. They also complain that the government's conduct was in breach of the duties and obligations contained in the Constitution, the NPA Act, and the SA Police Service Act to investigate and prosecute serious crime, and not to interfere with the legal duties of prosecutors and law enforcement officers. In response to Mbeki and Mabandla's application to intervene, Lukhanyo Calata, the son of the late Fort Calata who, along with Matthew Goniwe, Sicelo Mhlauli, and Sparrow Mkonto, became known posthumously as the Cradock Four, the former president and erstwhile minister have no direct and substantial interest in the main application, given that no relief is sought against them in their personal capacities. 'The relief they seek is against the current President (Cyril Ramaphosa) and the Minister of Justice (Mmamoloko Kubayi), both of whom have been cited as respondents in the main application,' Calata stated. The Cradock Four were abducted, tortured, murdered, and their bodies burned by the Security Branch of the apartheid-era SA Police on June 27, 1985. Calata said if Mbeki and Mabandla wish to set the record straight, the commission of inquiry established by Ramaphosa is the appropriate forum. 'It is that body which will have the power to investigate allegations and make findings. The president has already undertaken to establish the aforesaid commission by the end of May,' he explained. Mbeki and Mabandla had expressed their unhappiness with serious allegations of unconstitutional, unlawful, and criminal conduct against them, which they believe are highly defamatory and damaging to their dignity and reputations, and indicated that their character is beyond all price. Calata stated that this was not the first time that Mbeki attempted to intervene in proceedings in which he felt aspersions had been cast upon his character and that in an earlier matter also dealing with claims of political interference, the Supreme Court of Appeal dismissed his application on the grounds that negative findings or disparagement do not constitute a direct or substantial interest to intervene.
IOL News
15-05-2025
- Politics
- IOL News
Ramaphosa at an advanced stage on a decision to suspend Andrew Chauke
Director of Public Prosecution Advocate Andrew Chauke. Image: Picture: Chris Collingridge President Cyril Ramaphosa is at an advanced stage of deciding whether Johannesburg Director of Public Prosecution Andrew Chauke should be suspended or not. So said Justice and Constitutional Development Minister Mmamoloko Kubayi when she was responding to DA MP Damien Klopper, who asked what efforts she made to assist National Director of Public Prosecution Shamila Batohi in her request to Ramaphosa to suspend Chauke. Batohi had made the request to Ramaphosa three years after Chauke was investigated over his conduct in the cases against former Crime Intelligence head Richard Mdluli and the Cato Manor police unit. Kubayi confirmed Batohi made the submission to Ramaphosa which necessitated a request for a full report that took time for its submission. 'The report the President has requested and what has been provided took more than eight months to the President and has arrived in the portfolio. The final report was submitted to the President at the beginning of this year. The matter is at advanced stage,' she said. 'As this matter is more of a legal process and also a labour matter, I would not want to deal with the details in case it does jeopardise the process, but I can assure the Member that the matter has received adequate attention and the President is at final stages of dealing with it,' added Kubayi. Klopper said it sounded as if the Department of Justice has done very little to nothing to assist the National Prosecution Authority (NPA) in ensuring that Ramaphosa takes the necessary steps to suspend Chauke pending the inquiry. 'Can you give even one example where your department will assist the NPA in ensuring that those implicated in State Capture are prosecuted successfully and swiftly?' he asked. In response, Kubayi referred Klopper to the NPA Act in terms of the role of the department and the Minister in prosecutorial matters and appointments or suspensions. 'You seem to have missed the boat there. The process of appointment or even due does not have to involve the Minister so almost the Minister supports and advises the President,' she said. 'The NDPP submits the reports to the President directly through the Minister, but the Minister can't alter those things. So it's not up to the Minister nor the department to decide whether or not to support or to submit reports to the President,' Kubayi said. She added that the Minister and the President don't get involved in decisions of prosecution of State Capture issues. 'I should not be seen supporting the NPA in those processes. The NPA must be able to implement those decisions freely, without fear or favour.' EFF MP Nazier Paulsen demanded to know the 'concrete' actions Kubayi took to support or follow through on Batohi's request. 'Your continued silence on this matter raises legitimate concerns regarding potential political shielding, particularly given that Section 179 (4) of the Constitution guarantees prosecutorial independence, and the Public Service Act mandates timely, disciplinary responses. 'Why has your Department failed to act on it, on such a serious recommendation concerning allegations at one of the highest levels of prosecution?' asked Paulsen. Kubayi reiterated her earlier response that the request was submitted to Ramaphosa, who asked for more information. 'The NDPP had to comply and submit to the President. After such being done, the President then undertook a process. As I'm saying, the process is at an advanced stage, and therefore the President will make necessary announcements at the time that he deems that the process has been concluded. 'I wouldn't want to go into detail of it. I think we should be a little more patient. In terms of influence, in terms of protection, I can assure you, honorable Member, I have stated publicly that neither would myself nor anyone influence NPA while I am the head here, and should that information come through, I'm prepared as the Minister to take the necessary action, including opening case and requesting for prosecution of such individuals.' IFP MP Khethamabala Sithole asked about an interim measure Kubayi has considered to guard prosecutorial integrity pending the decision on Chauke's suspension. In response, Kubayi said they did not know whether Ramaphosa has decided to place Chauke on suspension or not. 'We must allow the President to consider the documents that are before him,' she said. 'We do note that the issue of integrity of the office, especially for public prosecution, is important. That's why the matter has to be concluded, and I do agree with members when they raise concerns about the time that it has taken, and we have to clear both the issues, deal with the matters, to also ensure that the individual himself can be able to operate without a clout over their head, especially with the responsibility that they have. 'We can assure honorable Members that this matter will be concluded swiftly and quickly, and where measures are needed, we'll engage with the NDPP.' However, MK Party MP Sipho Mbatha enquired whether Kubayi will spearhead a formal request to Ramaphosa asking to suspend Batohi, citing 'glaring pattern of incompetence' in matters at the NPA. 'How much more damage must be done before accountability is enforced, or are we now expected to normalize or fake it till you make it culture at the helm of the NPA?' asked Mbatha. In her response, Kubayi said if there was a process that needed to be done around Batohi, Mbatha should submit a formal request. 'I do not have anything that indicates that the NDPP should be taken through a disciplinary process,' she said. [email protected]
