KZN Amigos: DA to take legal action
THE Democratic Alliance in KwaZulu-Natal Legislature will take legal action against the National Prosecuting Agency (NPA) in a bid to obtain the record of decision which saw charges of fraud and racketeering dropped against two senior ANC politicians in the province.
In September 2012, charges were withdrawn against KZN Speaker, Peggy Nkonyeni and provincial ECOD MEC, Mike Mabuyakhulu. The pair were due to stand trial for their alleged involvement in a multi-million rand water purification scandal.
At the time, the DA in KwaZulu-Natal submitted a Public Access to Information Application (PAIA) to the NPA, requesting the records of decision leading to the decision. In November 2012 we were notified that our request had been denied.
The DA refutes the NPA's explanation that the application was refused on the basis that the records contain representations "confidential in nature". Both Nkonyeni and Mabuyakhulu are public figures appointed to senior positions in this province and the public has a right to know why the charges were dropped.
The application was also denied on the grounds that the matter was withdrawn "because there were no prospects of a successful prosecution against these people". We believe that this is for a court of law to decide.
That the resolution to drop charges was taken just two weeks after Advocate Moipone Noko was appointed as provincial head of the NPA should also raise questions.
Legal precedent is that these decisions must be transparent given the positive outcome of the DA's case for the release of the record of decision to drop corruption charges against Jacob Zuma.
The result of the NPA's decision is that neither Nkonyeni nor Mabuyakhulu have been held to account. Instead they continue to hold high office while several of their co-accused still face trial.
The records of decision are very much in the interest of the KwaZulu-Natal public. It is on this basis that the DA will take the matter to court.
Statement issued by Sizwe Mchunu, DA Leader in KZN, May 6 2013
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