NPA set to withdraw Wa Afrika charges

2010-09-08 10:48

Johannesburg - The National Prosecuting Authority was poised to withdraw charges against Sunday Times journalist Mzilikazi Wa Afrika for a second time, at the Nelspruit Regional Court on Wednesday.

"We have been told it will happen as soon as possible after 11:00," said Wa Afrika's lawyer Eric van den Berg.

Wa Afrika and Victor Mlimi, a deputy director in Mpumalanga's human settlements department, were arrested in August. The case is believed to be related to possession of a letter of resignation by Mpumalanga Premier David Mabuza to President Jacob Zuma, which a presidency spokesperson has declared a fake.

Wa Afrika's arrest in particular drew condemnation from many quarters, as it was carried out by special police unit the Hawks, which focus on priority crimes, while a debate on the ANC's proposed media tribunal and the Protection of Information Bill was taking place in the building where Wa Afrika works.

'Shady'

It also came after he co-wrote an article on a R500m lease National Police Commissioner Bheki Cele purportedly approved without tender for new police offices. Cele called Wa Afrika "shady" at a media conference after that article.

The charges against Wa Afrika following the August 4 arrest were initially fraud and defeating the ends of justice. They were withdrawn on Thursday, August 5, with Van den Berg saying the prosecutor decided there was no case against him.

However, later that day, the NPA said the case would go ahead. The publication lodged a late night application for him to be released ahead of his court appearance on Friday.

Judge Johan Kruger of the North Gauteng High Court ordered his release, saying it was not in the best interest of the rule of law, and it would be unlawful to detain Wa Afrika for one minute longer.

After a brief appearance with Mlimi in the Nelspruit Regional Court on the Friday, Wa Afrika was released on R5 000 bail and ordered to surrender his passport.

Then, he was charged with fraud, forgery and uttering. Uttering is the circulation of something false or forged.

They were due to have reappeared in the Nelspruit Regional Court on November 8, but the NPA said on Tuesday it was provisionally withdrawing the charges.

"The case docket containing evidential material was submitted to prosecutors in the NPA. After perusing the case docket we are of the view that it is desirable that the matter be fully investigated prior to taking a decision on whether or not to prosecute," advocate Mthunzi Mhaga said in a statement.

They added that they could reinstate them at a later date if further investigations warranted this.

Investigation to continue

The Hawks said they would continue their investigation into the matter.

"It has to be stressed, it is temporary, it is circumstantial. With us we can only indicate that we are intensifying, and we believe we have a case," Hawks spokesperson Colonel Lindela Mashigo said on Tuesday.

The SA National Editors Forum said it was delighted by the NPA's decision, and also called for an investigation into the matter by the Independent Complaints Directorate, which probes complaints relating to police conduct.

"The treatment meted out to Wa Afrika follows several complaints Sanef has made to the minister of police and the national commissioner of police, as well as senior police officers over the arrest of journalists at crime scenes on trumped up charges, which have been promptly thrown out of court by the prosecutors."

- SAPA