The National Prosecuting Authority (NPA) has been aware for some time that Commissioner Mdluli from South African Police Service (SAPS) has been conducting an investigation in a matter involving some of its senior management.
However, the NPA is extremely concerned to learn from papers filed in a labour dispute that members of its senior management, including the acting head of the NPA Advocate Mokotedi Mpshe, are regarded as suspects in this matter.
There has been a considerable communication and meetings between Advocate Mpshe and Commissioner Mdluli in this regard, and no indication has been given to him that he is a suspect.
The acting head of the National Prosecutions Service, Advocate Sibongile Mzinyathi, has co-operated with SAPS. He has also not been informed that he is a suspect, nor was he warned as a suspect as required by law when he was interviewed about the matter.
An added concern is that an intercepted telephonic conversation of Advocate Leonard McCarthy, former head of the Directorate of Special Operation (DSO), appears to be the basis for this investigation. As far as the NPA is aware, it is a criminal offence to make a legal interception public as has been done in the labour dispute. It has also not been made clear to those interviewed whether this interception was made in terms of the law.
While the NPA is willing to co-operate in any investigation, it is very concerned about whether this matter is being handled in good faith and will seek to raise its concerns as soon as possible with the Minister of Safety and Security, Mr Nathi Mthethwa, and the acting National Police Commissioner Tim Williams.
The NPA regards the SAPS as a partner in the fight against crime, and respect its mandate to prevent and investigate crime. We trust that the existing inter-agency co-operation will assist in order to have our concerns addressed.
Enquiries:
Tlali Tlali
National Prosecuting Authority Spokesperson
Cell: 082 333 3880
Issued by: National Prosecuting Authority
16 February 2009
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