Monday, August 17, 1998

DULLAH OMAR: JOBS FOR PALS

LONG, LONG AGO MR DULLAH OMAR was a humble and serious lawyer who espoused the cause of non-racialism and liberation. He is known never to have sued a client for non-payment of fees, believing that if they did not pay, they probably could not afford to pay. Twenty years ago, he was the senior partner of a leading law firm on the Cape Flats, known first as AM Omar & Co. and then as Omar & Vassen.

In the early eighties, he turned down an invitation to join the board of the new – privately owned – Gatesville Hospital, rudely denouncing the owners as “a bunch of capitalists”. In the eighties, he went to the Bar and, as a struggle lawyer, often accompanied his clients into detention. Not that long ago when, somewhat misguidedly, corporate lawyers Sonnenbergs invited him, in his capacity as the new Minister of Justice, to open their luxurious new offices in Cape Town, he soured the occasion by observing in his speech: “The poor definitely can’t come in here.”

But now, established as Minister of Justice and a senior leader of the ANC in the Cape, things appear to have changed. The minister’s children are major beneficiaries of “empowerment” shares worth many millions, in a variety of companies. Today, the Omar family owns a R650 000 holiday house in Betty’s Bay (Dr Verwoerd’s favourite resort) and recently Omar’s wife, Hadji Farieda, was pictured at the auction of a Constantia mansion that belonged to Bulgarian mass murderer, Goran Bojovic. It was knocked down to her on a bid of R1.2m. (For advice on their big business dealings do they consult Sonnenbergs, or is it Herbsteins, where daughter Fazlan is doing her articles?) And then there is the rapidly expanding network of friends and associates of the minister who have recently acquired jobs in the Public Service. Large numbers of lawyers once connected to Omar & Co, appear to have recreated Omar & Co in a new guise – on the State’s payroll. We have compiled a list of some of them:

  • Enver Daniels, once a professional assistant in Omar’s firm, was appointed first as special adviser to the minister, and is now Chief Government Law Adviser.

  • Denzil Potgieter, another Omar PA, was appointed to the Truth and Reconciliation Commission. He has been elevated to the status of Senior Counsel at the Cape Town Bar, contrary to the Bar Council’s recommendation, and is tipped for judicial appointment.

  • Mr Omar’s old law partner, Ramesh Vassen, was struck off the roll of attorneys when he was caught with a “short-fall” on his trust account. His appeal to have himself reinstated – after he repaid all the money he had stolen – was turned down by the Appeal Court in Bloemfontein in June. But, in the meantime, Vassen has been helped out with a job in the “service “ – as a Parliamentary liaison officer.

  • Percy Sonn, once a professional assistant at Omars, is today Deputy Attorney General of the Cape.

  • Shenaaz Meer, one-time articled clerk at Omars – and daughter of friend Dr Fatima Meer – first got a job at the Legal Resources Centre, and now sits on the Land Claims Court.

  • David Mias, another attorney long associated with Mr Omar – he was also the escort of Dullah’s sister, Ragmat, for many years – was first appointed to run the Legal Reousrces Centre in Port Elizabeth. When it failed due to mismanagement, Mias was appointed State Attorney in Cape Town.

  • Mias’s former partner, Ms Marcel Luter, was recently appointed Deputy State Attorney in Pretoria.

  • Yusuf (Joey) Ebrahim, once a professional assistant in Dullah’s firm, never managed to get his law BA, but somehow UCT was persuaded to admit him to an affirmative MA course – which he never completed. In the meantime, Mr Ebrahim was made first an assessor to Judge President Friedman on the Cape Bench, and then, bless him, a judge in Bisho.

  • Another prominent “Indian” attorney from the Cape Flats, Dines Gihwala, was recently made an acting judge of the Cape High Court. You may be surprised that we include him in our list of those in favour with Mr Omar. Gihwala was, after all, his arch-opponent for many years; one of those men of colour who was happy to serve on the ethnic “management” committees set up by the previous regime; the sort of “coloured” lawyer who did not want to get involved with defending “politicals”. In fact, just the sort of attorney of colour who would, in the new era, have his firm amalgamate with the ultimate in Broederbond firms, Hofmeyr Van der Merwe. So why should Mr Gihwala now have received the nod from the minister and have been appointed an acting judge? Speculation in informed circles is that the minister’s pride has been satisfied by Gihwala’s acknowledgement of his leadership. Gihwala has not only made a donation of R50 000 to ANC funds, but earlier this year persuaded the Hindu Association of Rylands Estate, of which he is a leading member, to throw a festive bash in honour of the minister. Great stuff in an election year. Not that everyone is that thrilled with the new-found affection between the two old enemies – unnamed “elements” in the Thornhill Residents’ Association – ANC stronghold of the Omar clan – expressed their disapproval by distributing a scurrilous pamphlet about Gihwala in their neighbourhood.

  • Then there’s Omar’s political rival of the struggle years, Essa Moosa, who was first the UDF’s main attorney and then became ANC star Allan Boesak’s attorney. Sometimes described as a “dagga” lawyer from Athlone who made his first fortune out of International Defence and Aid Fund grants, Moose has rapidly ascended the social and Justice Department ladders from being appointed Co-ordinator of Lay Assessors. Early this year he was appointed an acting judge of the Free State High Court.

  • The star in Omar’s firmament has to be Judge Siraj Desai, whose experience and undoubted ability made him a fit appointment to the Cape Bench. Judge Desai, too, started his career as a professional assistant in Dullah’s firm. Not that long before his appointment he pleased Mr Omar greatly by abandoning the more radical Unity Movement to join the ANC.

  • Even old friends at the Mitchell’s Plain courts have not been forgotten. Nizaam Hendricks, long on the court staff and a frequent dinner guest of the Omars, was transferred to Pretoria as head of personnel in the department of Justice.
  • Since Hendrick’s attorney wife, Gadija Behardien, also needed a job on their transfer north, the department’s head of personnel (Hendricks) was fortunately able to assist with a local post – that of deputy State Attorney in Pretoria. Hold your breath. Who is next in line for a job? Will it be Ebie Mohamed, Nita Hanmer or Dullah’s charming and attractive old friend, Nicky van Driel?

Source: Nose Week: Issue # 24

Saturday, August 1, 1998

Office of the National Director of Public Prosecutions

Section 179 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), created a single National Prosecution Authority (NPA).

The Office of the National Director of Public Prosecutions, first headed by Mr Bulelani Thandabantu Ngcuka - and now headed by Advocate Vusumzi Patrick Pikoli, was established on 1 August 1998, in terms of section 179 (1) of the Constitution. The NPA comprises the National Director, who is the head of the Office and manages the Office; Directors of Public Prosecutions; Investigating Directors and Special Directors; other members of the prosecuting authority appointed at or assigned to the Office; and members of the administrative staff at the Office.

Legislation governing the prosecuting authority is the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998). The Constitution, read with the said Act, provides the prosecuting authority with the power to institute criminal proceedings on behalf of the State and to carry out any necessary functions incidental to instituting criminal proceedings.

Background

* The Bill of Rights and Section 179 of the 1996 Constitution of the Republic of South Africa create a single prosecuting authority.
* The National Prosecuting Authority Act 32 of 1998 brings the NPA into existence.
* In August 1998, the first National Director of Public Prosecution was appointed.
* Seven Core Business Units:
o National Prosecutions Service (NPS)
o The Office for Witness Protection (OWP)
o Asset Forfeiture Unit (AFU)
o Sexual Offences and Community Affairs (SOCA)
o Specialised Commercial Crime Unit (SCCU)
o Witness Protection Unit (WPU)
o Priority Crimes Litigation Unit (PCLU)
* All the Business Units are supported by Corporate Services.

Legislation

* The following are some of the important laws that have a direct bearing on NPA activities:
o NPA Act 32 of 1998
o Witness Protection Act 112 of 1998
o Domestic Violence Act 116 of 1998
o Prevention of Organised Crime Act 121 of 1998
o Prevention and Combating of Corruption Activity 12 of 2004

Office of the National Director of Public Prosecutions

Section 179 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), created a single National Prosecution Authority (NPA).

The Office of the National Director of Public Prosecutions was established on 1 August 1998, in terms of section 179 (1) of the Constitution. The NPA comprises the National Director, who is the head of the Office and manages the Office; Directors of Public Prosecutions; Investigating Directors and Special Directors; other members of the prosecuting authority appointed at or assigned to the Office; and members of the administrative staff at the Office.

Legislation governing the prosecuting authority is the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998). The Constitution, read with the said Act, provides the prosecuting authority with the power to institute criminal proceedings on behalf of the State and to carry out any necessary functions incidental to instituting criminal proceedings.

Background

* The Bill of Rights and Section 179 of the 1996 Constitution of the Republic of South Africa create a single prosecuting authority.
* The National Prosecuting Authority Act 32 of 1998 brings the NPA into existence.
* In August 1998, the first National Director of Public Prosecution was appointed.
* Seven Core Business Units:
o National Prosecutions Service (NPS)
o The Office for Witness Protection (OWP)
o Asset Forfeiture Unit (AFU)
o Sexual Offences and Community Affairs (SOCA)
o Specialised Commercial Crime Unit (SCCU)
o Witness Protection Unit (WPU)
o Priority Crimes Litigation Unit (PCLU)
* All the Business Units are supported by Corporate Services.

Legislation

* The following are some of the important laws that have a direct bearing on NPA activities:
o NPA Act 32 of 1998
o Witness Protection Act 112 of 1998
o Domestic Violence Act 116 of 1998
o Prevention of Organised Crime Act 121 of 1998
o Prevention and Combating of Corruption Activity 12 of 2004