EFF STATEMENT ON THE NATIONAL PROSECUTING AUTHORITY'S CONFIRMATION THAT PAUL PRETORIUS AND MATTHEW CHASKALSON ARE APPOINTED TO PROSECUTE ZONDO COMMISSION CASES

Tuesday, 24 September 2024

The Economic Freedom Fighters (EFF) is vindicated by the clumsy confirmation by the Spokesperson of the National Prosecuting Authority (NPA) Advocate Mthunzi Mhaga, who confirmed during a television interview with Newzroom Afrika, that Advocate Paul Pretorius and Advocate Matthew Chaskalson were indeed appointed by the NPA to prosecute cases related to the Zondo Commission, in which they were both evidence leaders.

On the 23^rd of September 2024, Advocate Mhaga spoke on behalf of the NPA in a television interview and was asked a series of straightforward questions, wherein he unwittingly confirmed a conspiracy to grant access to information to Pretorius and Chaskalson, for which they do not have the necessary security clearance, in order to prosecute those implicated in the Zondo Commission.

The EFF raised concerns on the appointment of both Pretorius and Chaskalson, who developed and led aspects of evidence at the Zondo Commission, and now will be empowered to prosecute evidence in a different legal platform.

Advocate Mhaga, who characterized the appointment of Pretorius and Chaskalson as normal and in accordance with Section 38 of the National Prosecuting Authority Act, which allows the NPA to appoint the prosecutorial services of private counsel that is outside of the permanently employed services within the institution, makes a grave misinterpretation of what is irregular about the appointment of the pair by the NPA.

At no stage did the EFF claim that the appointment of Pretorius and Chaskalson by the NPA on a consultative basis was unlawful, and in this instance the NPA is clarifying a question that was never asked.

The irregularity lies in the conflict of interest, wherein the pair will be prosecuting aspects of evidence they developed and led at a separate forum, and by design, will gain access to sensitive information through what the EFF has correctly labelled as a blind-raid that is requested by Shamila Batohi. This unscientific and unspecific raid by the NPA, is requested in order to access all the data held by the Justice Department in relation to alleged crimes exposed in the Zondo Commission.

This is classical javelin and corrupt conduct to amass huge legal fees, as the pair did at the ever-escalating R1-Billion budget for the Zondo Commission.

Advocate Mhaga, speaking on behalf of the NPA proceeds to make a fatal error in his submission on his interview with Newzroom Afrika, after he is further questioned by the interviewer. He is asked whether Pretorius and Chaskalson will have access to sensitive data that requires a security clearance, to which he responds in the negative, as their consultative capacity does not necessitate that they have access to classified information that requires security clearance. He then proceeds to confirm that they are best placed to prosecute Zondo Commission related cases, due to their expertise, expertise that only exists because they developed and led aspects of evidence, which they are now so-called experts enough to prosecute.

Logically, anyone who will form part of the prosecutorial process of the Zondo Commission will require access to sensitive data, information and evidence, which will in turn mean that they require a certain level of security clearance.

Considering the NPA's attempts to gain access to all data held by the Justice Department in relation to the Zondo Commission, for Pretorius and Chaskalson to prosecute Zondo Commission cases without access to sensitive data and the relevant security clearance is a futile exercise and wasteful expenditure. Conversely, for them to have access to this data without the necessary security clearance, would be illegal and leaves room for the misuse of this data for manipulative purposes.

The NPA in either instance has blatantly lied to the people of South Africa, affirming the EFF that the attempt for unfettered access to sensitive information and evidence by the NPA from the Justice Department is nefarious, and so is the appointment of Pretorius and Chaskalson.

The EFF demands the immediate reversal of the appointment of Chaskalson and Pretorius as "consultants" within the NPA to prosecute cases related to the evidence and submissions made in the Zondo Commission as this represents a clear conflict of interest, and based on the interview in which the NPA's Spokesperson told blatant mistruths through his own inconsistencies, is a plot to hand over sensitive data to glorified civilians who are masquerading as consultants.