ACDP MP and spokesperson on Justice matters, Steve Swart, expressed shock at the NPA head's "irrational" decision to effectively demote five top prosecutors in Gauteng.
"It is shocking that these top prosecutors, with many years of experience, have been effectively demoted at a time when the courts are struggling to deal with heavy case-loads and complex trials. Prosecutors are at the forefront of the fight against crime, with many cases being lost due to inexperienced prosecutors.
According to media reports, Mutuwa Nengovhela, who was part of the prosecution team in the rape trial of President Zuma and who was a deputy director at the Johannesburg High Court, has been demoted to the Family Court. This decision smacks of revenge and requires an explanation.
Another chief prosecutor, Andre Lamprecht, who has 33 years of experience, allegedly refused to follow an instruction from the National Director of Public Prosecutions, Menzi Simelane, not to oppose bail for hip-hop musician Molemo "Jub Jub" Maarohanye. According to media reports, Jub Jub, who faces four counts of murder, campaigned for the ANC during the 2009 elections. Lamprecht has been demoted to an ordinary prosecutor.
Three other prosecutors, Deon Vlok, Nthabasieng Motsau and Raymond Mathenjwa were also effectively demoted to junior posts.
Nengovhela and Vlok are key to the prosecution of high-profile and serious cases in the High Courts. It is disgraceful that these experienced prosecutors are to be transferred to the Family Court to deal with less serious sexual offences, domestic violence and maintenance cases. The NPA is still reeling from the impact of the disbanding of the Scorpions, which had a serious impact on the investigation and prosecution of organised crime cases, as well as on the morale of prosecutors. These decisions will have a similar impact.
The ACDP will require Simelane to explain these irrational decisions which seem to be motivated by revenge (particularly in the case of Nengovhelo and Lamprecht) when he appears before the Justice Committee next term. We also trust that the prosecutors affected will approach the courts for a review of these decisions. We cannot afford not to maximise the skills of our experienced prosecutors in the fight against crime, particularly in the highest courts of the land.
The ACDP will also hold Simelane to account by questioning him on his decision not to support the Assert Forfeiture Unit (AFU) in its attempts to seize millions of rands - allegedly the proceeds of bribes from arms multinational BAE Systems - held offshore by arms deal kingpin Fana Hlongwane. This after the AFU had already obtained a provisional court order against Hlongwane."
Statement issued by Steve Swart, MP, African Christian Democratic Party, March 30 2010
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