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My erstwhile NPA Seniors, a law unto themselves

05 October 2012, 15:07

My litigation since 2004 to present 2012 against the National Prosecuting Authority (NPA) and Minster Of Justice and Cobstitutional Development concern basically the former Director of Public Prosecutions of the Northern Cape (now Director of Public Prosecutions at the NPA head office in Pretoria)  Adv Sibongile Mzinyathi and the Chief Public Prosecutor for Upington in the Northern Cape.  

These two senior managers of the NPA are the ones the NPA and the Minister of Justice and Constitutional Development at all cost try to defend in my case and in trying to do so it decided to fire and or end my contract as prosecutor without a hearing because I pointed out and registered a grievance that these two does not know their work and that this caused myself to suffer financially through non-payment of monies due to me and professionally being forced to conduct prosecutions without the necessary authority as required under section 20 (5) of the NPA Act 32 of 1998. 
I was fired without a hearing so deemed by the NPA from 15 September 2006.

On 16 September 2006 at 19:36 the City Press newspaper report under headline: "Gang freed by NPA bungle". This is a criminal case in which 10 robbers robbed banks of more then 20 million rand. The gang charged were engineers, electronic experts, police, traffic police ect., The magistrate before which the case appeared was a Deon Minnie, the police investigating officer, Captian Ockkie Brits and defence lawyer for the accused Hendrick Potgieter. The matter was removed from the role and the accused released after three years of difficult police work because the magistrate accepted the argument of Hendrick Potgieter that the relevant section of the NPA Act Adv Sibongile Mzinyathi made reference to was wrong. Instead of section 38, Mzinyathi appointed the prosecutor in terms of section 20 (5).

This was precisely what I complained about. That the Mzinyathi does not know his work and that his actions was compromising my integrity forcing me to prosecute without the written authority to prosecute in terms of section 20 (5). What he and Terrence Swarts was supposed to issue me with Mzinyathi went to issue an outside prosecutor George Krause with who should have been appointed argued Potgieter in terms of section 38.

I have seen Mzinyathi signing written orders as Director of Public Prosecutions Northern Cape in Afrikaans a language he does not even understand. What I have noticed in my interactions with him and Swarts is that they only have power but no know-how, reason and logic which any lawyer should be endowed with. What I further noticed in my interactions with them is that they do not make decisions but someone else makes it for them because they could never explain their decisions but to say "Ï have decided".

On 18 June 2012 the Judge President of the Northern Cape High Court, Judge Frans Diale Kgomo in S v Tenga (CA & R 9/2012) [2012] ZANCHC 16 with Judge Pakati concurring found from paragraphs 23 to 25 that Chief Public Prosecutor Terrence Swarts acted contrary to his task and profession as a prosecutor in this case in which he prosecuted his own boss, the Director for Public Prosecutions Northern Cape, Ms Mukhali Ivy Thenga who took over from Mzinyathi and with whom Terrence Swarts never could have the cosy relationship he had with Mzinyathi. Thenga won the case in which Terrence Swarts prosecuted her and his friend Malcom View sat as presiding officer. The Judge President in this case found in his words that Terrence Swarts'conduct was "improper"and "grossly irregular". He as Chief  Public Prosecutor do not know or did not know that a prosecutor may not act as a witness and prosecutor in the same case. This is so basic to prosecution that it is astonishing that despite this judgment against Terrence Swarts' unethical behaviour which is an afront to the legal proffession the National  Prosecuting Authority and the Minister of Justice and Constitutional Development is silent and does not act against a senior manager paid hundreds of thousands of rands a year to act according his appointment but in this instance did an inexcusable act against the same position and office.

Back to Adv Sibongile Mzinyathi; he and Willie Hofmeyer was summoned by now President Jacob Zuma's lawyer, Michael Hulley to Durban from Pretoria to listen to the now infamous spy tapes. After they listen to the unauthenticated tapes they asked for a copy of the tapes but there and then was refused same. They went back to Pretoria and reported the contents of these tapes to Acting head of the National Prosecuting Authority which is and was essentially "hearsay evidence". Based on this evidence which any lawyer should know is no evidence at all because its veracity can not be confirmed independently; Mokotedi Mpshe was so by this non-evidence that he decided to withdraw the corruption case against the accused Jacob Zuma. Now this secret tapes cannot be sourced by the National Prosecuting Authority or the Justice Department. It cannot be transcribed as ordered by the Supreme Court of Appeal. Should Sibongile Mzinyathi and his equally senior colleagues not have known that they are relying on no-evidence when they acted on secret tapes they did not even have a copy off but what they heard? Hearsay evidence which cannot stand in any court of law? Are they so stupid? Can such a person instruct and guide prosecutors that is seemingly very much better equiped to apply and administer the law?

No matter what the outcome of my case against these two officers of the court and their cover the NPA and the Minister of Justice and Constitutional Development, I have been vindicated already by courts of law that Mzinyathi and Swarts does not deserve to be seniors in the NPA and that their continued employment in such positions compromise the administration of Justice in South Africa.

The State is being run as if by gangsters. The leaders must be lawbreakers and the ordinary civil servants and public who believe in law and the rule of law must be victimized into turning a blind eye to their enslavement to mob rule. If you dare say point-out the nakedness of the leaders not because you want to hurt them but because you care about your country, family and own reputation; the tax payer coffins is used to persecute you in the courts of law with a judiciary more and more focused on self advancement then application of the law without fear, favour or prejudice.

Innocence is lost, Trust in the State under the present ANC administration and rule is becoming more and more equal to the rule of the Cape flats and prison gangsters; where right or wrong is what the uneducated gang leader says it is and not what the equal application of the law by an impartial judiciary says it is.  

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