MEC and NPA want to keep Amigos reasons secret

2013-06-06 00:00

THE National Prosecuting Authority (NPA) and Economic Development MEC Mike Mabuyakhulu are opposing an application by the DA to force the NPA to give reasons why it withdrew criminal charges against two prominent ANC leaders.

“Both the NPA and Mr Mabuyakhulu filed notices on Friday last week to oppose the DA’s application for the NPA’s record of decision to drop charges in the Amigo’s case,” The DA’s Johann Krog said yesterday.

Krog said the NPA and Mabuyakhulu would now have until June 24 to file their opposing affidavits and then a trial date would be set.

The DA took the legal route on May 6 after the KZN Director of Public Prosecutions (DPP) refused to grant it access to information pertaining to the withdrawal of charges against Mabuyakhulu and KZN Legislature Speaker Peggy Nkonyeni. The charges against Nkonyeni and Mabuyakhulu were withdrawn when they made representations before they were due to stand trial.The matter involved several others who were charged with racketeering, corruption and fraud relating to the supply of water purification and oxygen plants to the KZN government.

When the charges were dropped the KZN DPP said there was no prospect of a successful prosecution.

And when the DA sought the reasons through the Promotion of Access to Information Act, their request was declined on the grounds that the representations were “confidential in nature”.

In its application, the DA has asked the Pietermaritzburg high court to set aside the decision of the KZN DPP to refuse them access to the information. It also wants the court to order the prosecuting authority to furnish it within 15 days with the order of record of its decision to withdraw all the charges.

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