PLEASE NOTE:

MyNews24 is a user-generated section of News24.com. The stories here come from users.

 
Thabo_Steyn
 
Comments: 5
Article views: 590
 
 
Latest Badges:

 
View all Thabo_Steyn's badges.
 

NPA: Perception or reality?

22 November 2012, 11:22

The Non-independent NPA

So Ms Jiba came out guns blazing about the perception that the NPA is not independent and that “it strives to prosecute without fear or favour”.  Her response that it is just a perception can be described as bizarre.

Before dealing with the genesis of these perceptions, which are real, I point out an extract from the SCA judgement relating to the matter of the spy tapes where the SCA said “. In light of the concession made by the NDPP on the question of reviewability, it is difficult to understand why it persisted in pursuing the appeal on this aspect. It does not reflect well on the NDPP”.

We, the people of South Africa, perceive the NPA to be biased in its prosecutions and politicians from the ruling elite are not prosecuted.

Here are a few examples:

1.     The Mail and Guardian printed allegations that Mac Maharaj lied to the NPA during a Section 28 inquiry about receiving money received offshore, yet the SAPS chose to investigate the newspaper and its editor, Nic Dawes for printing the story instead of prosecuting Mr Maharaj for the lies he allegedly told during the inquiry.  What is the NPA doing about the allegation that Mr Maharaj lied during the Section 28 inquiry?.

2.     Mr Zuma perjured himself, in addition to the more than 700 charges of fraud and corruption when he claimed that he did not meet Alain Thethard, a finding of Judge Hilary Squires; - why is he not been prosecuted.

a.     Why does the NPA see it fit not to comply with a court order.  Your statement that the matter is before the courts is nauseating, because you know fully well that the NPA is in contempt of court.

3.     Mr Zuma’s charges – need I say more?

4.     Mzilikazi wa Afrika was bugged by the NIA and charged with fraud, without any basis – a clear abuse of the criminal justice system by the ANC.  The NPA went along with this trumped up prosecution.  Last week the wrongful arrest was settled with a payment of R100 000 by the Minster of Police – wasteful expenditure;

5.     Ms Breytenbach was suspended for insisting on prosecuting Mdluli.  Although the NPA denies this, the conduct of the NPA in the disciplinary hearing points directly to an organisation which does not want the matter to be concluded.  As an advocate, Ms Jiba ought to know that justice delayed is justice denied.

6.     I understand that Ms Jiba chose not to respond about questions surrounding her relationship with Mr Mdluli.

a.     Well, that is not good enough.  As the Acting head of the NPA, she should have answered the question by saying that she has a personal relationship with Mr Mdluli, who allegedly assisted her in getting her suspension lifted when she was suspended  for assisting the police in the trumped up investigation against Gerrie Nel initiated by the Police to apparently protect Mr Selebi.  She clearly came out of the wrong side of this since Mr Selebi was convicted.  In addition, she should have continued that in the investigation against Mdluli, she appointed a task team, which oversaw the prosecution or lack thereof, and they functioned independently of her since she had a conflict of interest.  That is what is expected of an impartial prosecutor, who acts without fear or favour. 

b.    She should have also taken the public into her confidence by stating for the record whether she received an instruction from Mr Mthethwa and Mr Zuma to drop the charges against Mr Mdluli.  Also, she should have also dealt with the allegation that the NPA was unlawfully instructed to hand the matter to the Inspector General for investigation and if she complied with such a request, under which law of the Republic, she chose to comply with this request.  Her silence on the above matters is deafening.

7.     On the dropping of fraud and corruption charges ANC politicians, Ms Nkonyeni and Mike Mabuyakuhlu, reasons for dropping the charges should have been divulged as any decision of the NPA is subject to the rule of law and allow the NDPP of Kwa-zulu Natal to use the discredited phrase that the reasons are confidential.

For Jiba to say that it is perception and let us leave at that, is breach of her duties and in dereliction of her duty.  As acting NPA head, she has duty to ensure that she is perceived to prosecute without fear or favour, not to argue that it is a perception that the NPA is not independent.  Allay our fears that criminal justice has not been politicised and you will gain our respect.  It is indeed ironic that the head of NPA is still acting after the Simelane saga and Mr Zuma is charged with appointing the head who may one day have to prosecute him once the review of the decision to drop charges against him has been finished.

 In the Companies Act, enacted by Parliament, where directors have a conflict of interest, they are obliged to recuse themselves.  Why should ordinary people be held to a higher standard that politicians?  Should Mr Zuma recuse in appointing the new head of the NPA or will we get another malleable NPA head?  You would think that people dealing with the public purse should be held to a higher standard.

To Ms Jiba, show your independence, release the transcript, as ordered by the Supreme Court to the DA and stop hiding behind the sub-judice rule.  This matter is before the courts, because the NPA is refusing to comply with the rule of law.  Talk about perceptions is nauseating.

Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.

 

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
5 comments
Comments have been closed for this article.

Read more from our Users

Submitted by
Manqoba Chunguane
Education should create sense fro...

The primary intention of this article is to show how education has been delivered to students to make nonsense instead of sense.  Read more...

0 comments 600 views
Submitted by
Danie Ferreira
Robert Nel's Oscar and the "what ...

Like most people I have analysed the evidence over and over. I envisaged the late Reeva hiding behind the door, hearing Oscar shouting at a supposed intruder in the house to: “Get the f… out of my house!”  Read more...

0 comments 714 views
Submitted by
boertjie
SABC playing hide and seek

People getting fired for wanting to show the truths of the citizens of this beautiful country called SOUTH AFRICA. Read more...

0 comments 282 views
Submitted by
De Niro Milan Koffman
Classism: An integral Part of Rac...

In South Africa, racism is probably the most common form of discrimination that one might encounter. As a result it is possible that we occasionally wrongfully classify different forms of discrimination as racism. Read more...

0 comments 293 views
Submitted by
MikeHampton
Parliament asks Public Protector ...

A Committee of Parliament has responded to my allegations of Democratic Alliance (DA) corruption and maladministration by asking the Public Protector to investigate. Read more...

0 comments 1994 views
Submitted by
Jane Hudson
Stalker nutjob Adam/VenomFrogX/Ex...

I first encountered this stalker named Adam when dealing with another crazy stalker named themeangirl3 who is now dead. Read more...

0 comments 264 views
 

services

E-mail Alerts The latest headlines in your inbox

RSS feeds News delivered really simply.

Mobile News24 on your mobile or PDA

E-mail Newsletters You choose what you want

News24 on Android Get the latest from News24 on your Android device.

SMS Alerts Get breaking news stories via SMS.

TV Get us in your home, on your television.

 
Interactive Advertising Bureau
 
© 2016 24.com. All rights reserved.
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.