NPA to Confirm Decision on Whether to Prosecute City’s Corruption Cases by Friday

6 May 2019

The National Prosecuting Authority (NPA) has committed to update the City of Johannesburg by Friday on whether it will prosecute a number of serious cases of criminality uncovered by the City’s anti-corruption unit.

This follows an earlier directive by the Gauteng Director of Public Prosecutions, Adv Andrew Chauke, that the outstanding investigations into these matters be finalised by 30 April 2019.

This morning I wrote to Adv Chuake and Head of the NPA, Adv. Shamila Batohi, stating that the City eagerly awaits their decision.

Given the historic lack of attention paid to these matters by the NPA, I also expressed my disappointment at what appears to be yet another delay in the prosecution of these serious cases of corruption.

The City is doing everything possible to end the theft of public money and property in Johannesburg and we are determined to see justice in these serious cases of corruption.

Since this multi-party government entered office, over 4000 cases of alleged corruption have been opened and are being investigated by the City. These investigations total R24 billion of public funds. To date, over 60 cases of serious criminality has been uncovered through these forensic investigations. Despite criminal charges being laid with the Police, the City has seen little to no movement on these matters.

Justice delayed is justice denied. It is time for the residents of Johannesburg to see those who have elected to steal public resources successfully prosecuted and jailed.

The NPA previously opted to withdraw numerous cases from prosecution. This was despite overwhelming evidence against the accused.

One such case is that of former candidate valuer, Mbali McClare, who was arrested for deliberately undervaluing 22 properties in the city, amounting to just under R500 million, that was withdrawn by the NPA late last year.

At the time we were informed that the NPA had no option but to withdraw the case due to its inability to obtain statements from owners of the buildings which had been devalued. However, the NPA’s Johannesburg Special Commercial Crimes Unit is situated in a building owned by one such individual and the City’s Group Forensic and Investigation Services Unit (GFIS) was immediately able to identify other building owners.

Another case which illustrates the NPA's inability to prosecute serious criminality was the withdrawal of the case against the directors of Setheo Engineering. The directors were arrested in 2017 after having allegedly colluded with City Power officials to receive payments exceeding R88 million for work that was never completed in the building of the Eldorado Park sub-station and refurbishment of the Hopefield sub-station.

In addition to a fraudulent bank guarantee, I personally handed over the financial records of the estimated 28 fraudulent payments to the then acting Head of the Hawks in 2017. Despite the overwhelming evidence, these directors still walk free.

In another travesty of justice, early last year, we witnessed the withdrawal of the case against the former MMC of Housing in Johannesburg, Councillor Dan Bovu. This case relates to the alleged illegal sale of state land to vulnerable people within our society through a Trust established by Bovu. This case was also provisionally withdrawn from the roll because material witnesses were no longer prepared to testify after allegedly being paid money by the very same Trust.

Instead of pressing further charges for defeating the ends of justice and witness interference, the NPA continues to investigate the matter over a year later while Councillor Bovu sits in Council meetings and drawing a salary from public money. This is despite the City handing over a sworn affidavit from one of the witnesses confirming the payment of money in exchange for their silence in the trial of Bovu.

Cases like these not only represent a miscarriage of justice for the City of Johannesburg but also for law abiding and hardworking residents of Johannesburg because every cent lost to corruption slows down service delivery. We cannot allow criminals to continue to go unpunished for stealing from our residents.

Despite our discontent at the way these criminal matters have been handled, the City will continue to engage the NPA in good faith and trusts that these matters are receiving the urgent attention they require so that final decisions are made by 10 May 2019.

The City is confident that the evidence against the accused in these matters is overwhelming. Therefore, should the NPA decline to prosecute these cases, General Shadrack Sibiya has been instructed to begin the process of applying for a nolle prosequi certificates so that the City is able to pursue private prosecution.

It is deeply concerning that City of Johannesburg may have to go to these lengths to ensure that those who have stolen public resources are successfully prosecuted and jailed.  However, I will not rest until the corrupt face their day in court for their betrayal of the residents of Johannesburg.

Issued by Tony Taverna-Turisan, Director, Legal Services, Office of the Executive Mayor, 6 May 2019