LHR details incidents of alleged abuse and torture against 16 inmates by correctional officials.
Allegations of severe torture against 16 inmates who allegedly witnessed the murder of another inmate by wardens at the Kgosi Mampuru II Correctional Centre in Pretoria, have surfaced.
Lawyers for Human Rights (LHR) have now requested the Pretoria Central Police station to investigate the allegations.
In a letter sent to the station commander, LHR details incidents of alleged abuse and torture against 16 inmates by correctional officials.
Clare Ballard, head of LHR’s Penal Reform Programme, said they were prompted to call for the investigation after receiving an increasing number of complaints of severe assault.
It appears that the alleged incidents of assault have, for the most part, occurred during purported search and seizure operations.
“If we are to prevent incidents of assault and torture, which our international obligations indeed require of us, then the criminal prosecution of those responsible for assaults and torture is vital,” said Ballard.
Source: The Citizen
Wednesday, November 18, 2015
Friday, July 10, 2015
Court rules in favour of asylum seeking children
The High Court in Pretoria has ruled that foreign children who enter South Africa with a relative who qualifies as an asylum seeker should be included as a dependent.
The ruling was made on Thursday, said Zita Hansungule of the Centre for Child Law in a statement.
"This gives the child immediate protection and ensures that they are not separated from people with whom they have a relationship," she said.
The ruling came about after the Centre for Child Law and the Lawyers for Human Rights took on the case of a 16-year-old boy who had entered South Africa with his aunt after he was orphaned during the conflict in the Congo.
The aunt excluded him in her asylum seeker permit because he was not her biological child. "This meant that, although he qualified to apply for asylum he had no papers and thus battled to get access to education and health services," said Hansungule.
The department of home affairs opposed the boy's application before the courts. The department agreed that while children who entered the country needed protection and services, there was a risk that they were victims of trafficking.
The court said it recognised that there may be risks, but that the risks to a child who was undocumented were greater.
It highlighted that the inclusion of the child in the asylum seeker permit would ensure his or her protection from the earliest possible opportunity.
The court also said the matter may take a while to be finalised in the children's court, thus preventing the child from immediate access to education and other essential services.
Source: News 24
The ruling was made on Thursday, said Zita Hansungule of the Centre for Child Law in a statement.
"This gives the child immediate protection and ensures that they are not separated from people with whom they have a relationship," she said.
The ruling came about after the Centre for Child Law and the Lawyers for Human Rights took on the case of a 16-year-old boy who had entered South Africa with his aunt after he was orphaned during the conflict in the Congo.
The aunt excluded him in her asylum seeker permit because he was not her biological child. "This meant that, although he qualified to apply for asylum he had no papers and thus battled to get access to education and health services," said Hansungule.
The department of home affairs opposed the boy's application before the courts. The department agreed that while children who entered the country needed protection and services, there was a risk that they were victims of trafficking.
The court said it recognised that there may be risks, but that the risks to a child who was undocumented were greater.
It highlighted that the inclusion of the child in the asylum seeker permit would ensure his or her protection from the earliest possible opportunity.
The court also said the matter may take a while to be finalised in the children's court, thus preventing the child from immediate access to education and other essential services.
Source: News 24
Friday, March 27, 2015
Jiba: Nxasana accuses police of 'assuming the role of defence'
National director of Public Prosecutions (NDPP), Mxolisi Nxasana, says a perception is being created that the police are trying to protect his deputy, Nomgcobo Jiba, from prosecution. Nxasana addressed the media at a press conference on Friday morning.
This week, a senior police official served a summons on Jiba related to an investigation into her conduct. But Jiba was not there to receive the summons, which Nxasana tried to deliver to her.
The police denied that the summons was issued, saying their case was not ready to go to court. “It is our view that the NPA, who are also complainants in the matter, jumped the gun when they issued a summons against advocate Jiba,” said SAPS spokesperson Lieutenant-General Solomon Makgale on Wednesday.
Nxasana was asked on Friday if he believed the police were trying to protect Jiba. “I don’t believe that she’s protected. But a perception is created, and it’s unavoidable, that she’s being protected at all costs,” Nxasana said.
Prosecution
He said the idea that a matter could only proceed to court once the investigation was complete was not true. “Matters in court, although I’m not condoning it, are enrolled and they get postponed time and time again, for further investigation. Therefore any suggestion that the matter can only be enrolled once its been investigated is misleading. It’s the responsibility of the investigating officer to make a decision as to whether the matter could be prosecuted,” Nxasana said.
He accused the police of “assuming the role of defence”. Nxasana said Jiba “knows her rights”, and if she felt that the summons issued against her was false, that he hoped charges would be laid and those responsible would be brought to book.
‘Very strange’ saga
Nxasana said the idea that Jiba was “awol” this week did not emanate from the National Prosecuting Authority (NPA). He said that on the morning the summons was issued, he had tried to contact her in an unrelated matter, but she was not at work. But this did not mean she was “absent without leave”. On the whole, Nxasana said he found the entire saga “very strange”.
“I was hoping that the police as our partners would tell us if they are ready to prosecute this matter. The police have now assumed the role of being the defence.
“I can only hope that after all this – the impression created is that the police were merely instructed by the prosecutor to take the summons – that if the conduct of the prosecutor (in Jiba’s matter) is found wanting, which I strongly deny, he’ll have also to face the might of the law.
“And if the police officers and others acted (involved in the investigation into Jiba) unlawfully I expect stern actions be taken against them.”
Summons
Questions still remain about who was responsible for delivering the summons to Jiba. Nxasana said, “I attempted to serve the summons upon her. But my understanding of the law is that that is one of the manners to effect service upon a person. My understanding is that the summons has been served upon her. And if she doesn’t appear in court I have no doubt in my mind that the prosecutor will do what is necessary and the court will be the final arbiter.
“When she refused to accept the summons, I wrote on the summons and witness wrote what happened.
“I’m more concerned about the integrity of the NPA especially because the public looks to and expects the NPA to do its work without fear or favour of prejudice as enjoined by the Constitution,” Nxasana said. “The integrity of the NPA must remain in tact and untarnished.”
Source: Mail & Guardian
This week, a senior police official served a summons on Jiba related to an investigation into her conduct. But Jiba was not there to receive the summons, which Nxasana tried to deliver to her.
The police denied that the summons was issued, saying their case was not ready to go to court. “It is our view that the NPA, who are also complainants in the matter, jumped the gun when they issued a summons against advocate Jiba,” said SAPS spokesperson Lieutenant-General Solomon Makgale on Wednesday.
Nxasana was asked on Friday if he believed the police were trying to protect Jiba. “I don’t believe that she’s protected. But a perception is created, and it’s unavoidable, that she’s being protected at all costs,” Nxasana said.
Prosecution
He said the idea that a matter could only proceed to court once the investigation was complete was not true. “Matters in court, although I’m not condoning it, are enrolled and they get postponed time and time again, for further investigation. Therefore any suggestion that the matter can only be enrolled once its been investigated is misleading. It’s the responsibility of the investigating officer to make a decision as to whether the matter could be prosecuted,” Nxasana said.
He accused the police of “assuming the role of defence”. Nxasana said Jiba “knows her rights”, and if she felt that the summons issued against her was false, that he hoped charges would be laid and those responsible would be brought to book.
‘Very strange’ saga
Nxasana said the idea that Jiba was “awol” this week did not emanate from the National Prosecuting Authority (NPA). He said that on the morning the summons was issued, he had tried to contact her in an unrelated matter, but she was not at work. But this did not mean she was “absent without leave”. On the whole, Nxasana said he found the entire saga “very strange”.
“I was hoping that the police as our partners would tell us if they are ready to prosecute this matter. The police have now assumed the role of being the defence.
“I can only hope that after all this – the impression created is that the police were merely instructed by the prosecutor to take the summons – that if the conduct of the prosecutor (in Jiba’s matter) is found wanting, which I strongly deny, he’ll have also to face the might of the law.
“And if the police officers and others acted (involved in the investigation into Jiba) unlawfully I expect stern actions be taken against them.”
Summons
Questions still remain about who was responsible for delivering the summons to Jiba. Nxasana said, “I attempted to serve the summons upon her. But my understanding of the law is that that is one of the manners to effect service upon a person. My understanding is that the summons has been served upon her. And if she doesn’t appear in court I have no doubt in my mind that the prosecutor will do what is necessary and the court will be the final arbiter.
“When she refused to accept the summons, I wrote on the summons and witness wrote what happened.
“I’m more concerned about the integrity of the NPA especially because the public looks to and expects the NPA to do its work without fear or favour of prejudice as enjoined by the Constitution,” Nxasana said. “The integrity of the NPA must remain in tact and untarnished.”
Source: Mail & Guardian
Tuesday, March 24, 2015
McBride suspended
Independent Police Investigative Directorate (IPID) head Robert McBride has been suspended, eNCA reported on Tuesday.
On Wednesday last week, an urgent interdict sought by McBride to prevent his suspension from IPID was struck off the roll in the North Gauteng High Court in Pretoria.
"The facts do not support the relief sought, nor the applicable legal considerations. It is accordingly struck off the roll," Judge Hans Fabricius said in his written judgment.
Police Minister Nathi Nhleko had opposed McBride's application.
McBride had received a letter from Nhleko, asking him to make submissions about why he should not be suspended.
Source: News24
On Wednesday last week, an urgent interdict sought by McBride to prevent his suspension from IPID was struck off the roll in the North Gauteng High Court in Pretoria.
"The facts do not support the relief sought, nor the applicable legal considerations. It is accordingly struck off the roll," Judge Hans Fabricius said in his written judgment.
Police Minister Nathi Nhleko had opposed McBride's application.
McBride had received a letter from Nhleko, asking him to make submissions about why he should not be suspended.
Source: News24
Wednesday, March 18, 2015
DR Congo: Mass Arrests of Activists
The arrest of at least 26 activists and others in Kinshasa on March 15, 2015, raises serious concerns of a broader crackdown on free expression before the 2016 Democratic Republic of Congo presidential elections, Human Rights Watch said today.
The arrests, including of foreign journalists and a United States diplomat, followed a news conference by the pro-democracy youth movement Filimbi, organized with support from the US embassy in Kinshasa.
On March 17, 2015, the authorities arrested and roughed up at least 10 Congolese activists in the eastern city of Goma during a peaceful protest outside the office of Congo’s National Intelligence Agency (Agence Nationale de Renseignements, ANR), calling for the release of those arrested in Kinshasa. ANR agents beat a Belgian woman bystander who was later hospitalized, and briefly detained a Belgian journalist.
“The Congolese government’s detention of pro-democracy activists is the latest alarming sign of a crackdown on peaceful protest ahead of next year’s presidential elections,” said Ida Sawyer, senior Africa researcher at Human Rights Watch. “Congolese authorities should immediately release those detained if they haven’t been charged with a credible offense and ensure access to their lawyers and families.”
Human Rights Watch called on United Nations Security Council members, who are due to discuss the situation in Congo on March 19, to publicly press Congolese authorities to immediately release all those detained for their peaceful activities and speech.
Among those arrested on March 15 were Congolese activists, musicians, journalists, technicians, and bystanders; youth leaders and activists from Senegal and Burkina Faso; a US diplomat; two French journalists; and the French director of a production company. The US and French citizens and two Congolese were released after several hours. The others remain detained, possibly by the intelligence agency. They have not been brought before a judge, officially charged with offenses, or had access to their lawyers or families, raising concerns for their safety.
Following the news conference at the Eloko Makasi music studio, men in military police uniform arrived at about 4 p.m. and began arresting people. Witnesses said that the officers at first targeted foreigners. They then began arresting Congolese as well, including those who were preparing the concert stage, and bystanders. The security forces were very rough with several Congolese and West Africans, witnesses said, banging the head of a Senegalese activist against the door of a pickup truck and beating others.
The security forces also took computers and other documents and materials from the hall and destroyed banners.
The military police drove those arrested away in at least three unmarked, white pickup trucks. The US and French citizens were taken to the headquarters of the ANR in Kinshasa, where they were interrogated by senior intelligence officials, then released after several hours. It is not known where the Congolese, Senegalese, and Burkinabe citizens are being detained.
Communications Minister Lambert Mende told journalists that the activists from Senegal and Burkina Faso were “promoting violence through a form of training … coaching of certain youth groups close to a certain opposition to use violent means against other groups or against the institutions of the republic.”
Several Congolese pro-democracy organizations had organized a workshop to introduce Filimbi (“whistle” in Swahili), a new Congolese youth movement. The workshop’s objectives were to promote civic engagement and youth mobilization, and to discuss how Congolese youth can organize in a peaceful and responsible manner to fulfill their duties as citizens.
Youth leaders and activists from Senegal and Burkina Faso came to Kinshasa for the workshop to share their experiences. The Senegalese were members of Y’en a Marre, a group involved in protests against former President Abdoulaye Wade’s controversial bid for a third term in 2012. Those from Burkina Faso were part of Balai Citoyen, a group that participated in protests against former President Blaise Compaoré’s attempt to change the constitution to extend his 27-year term.
“Y’en a Marre and Balai Citoyen are well respected organizations that have worked to promote responsible, civic engagement by youth in West Africa,” Sawyer said. “They came to Kinshasa to share their experiences with Congolese youth, including the importance of peaceful means for youth to engage in the political process.”
Filimbi worked in partnership with Eloko Makasi, a socially conscious music and video production company based in Kinshasa’s Masina neighborhood. Musicians who participated in the workshop went to the Eloko Makasi studio on March 14, 2015, to create a song based on what was discussed at the workshop to encourage Congolese youth to be involved in the democratic process and to promote a free, transparent, and peaceful electoral process.
In a March 16 statement, the US embassy in Kinshasa said the Filimbi workshop was one of many activities the US government supports that involve youth and civil society. “These well-known, well-regarded, non-partisan youth groups as well as the organizers of the weekend’s events intended to promote Congolese youth participation in the political process and encourage young people to express their views about issues of concern to them,” the statement said. “DRC government officials and ruling coalition parties were invited to and some were present during the event.”
Under Congo’s constitution, presidents may serve only two consecutive terms. President Joseph Kabila’s second term ends in 2016. While presidential elections are not scheduled until November 2016, political tensions have been rising across the country. In January 2015, at least 40 people were killed when security forces brutally repressed demonstrations in Kinshasa and other cities to protest proposed changes to Congo’s electoral law that would have delayed elections and enabled Kabila to prolong his term. Numerous political party and civil society leaders have been arrested after speaking out against proposed changes to the constitution or Congo’s electoral system.
“These latest arrests signal a worrying clampdown on freedom of expression and assembly in Congo – fundamental elements of a free, transparent, and peaceful electoral process,” Sawyer said. “Youth leaders, musicians, and activists should be able to meet, discuss, and learn without fear of arrest.”
Source: Human Rights Watch
The arrests, including of foreign journalists and a United States diplomat, followed a news conference by the pro-democracy youth movement Filimbi, organized with support from the US embassy in Kinshasa.
On March 17, 2015, the authorities arrested and roughed up at least 10 Congolese activists in the eastern city of Goma during a peaceful protest outside the office of Congo’s National Intelligence Agency (Agence Nationale de Renseignements, ANR), calling for the release of those arrested in Kinshasa. ANR agents beat a Belgian woman bystander who was later hospitalized, and briefly detained a Belgian journalist.
“The Congolese government’s detention of pro-democracy activists is the latest alarming sign of a crackdown on peaceful protest ahead of next year’s presidential elections,” said Ida Sawyer, senior Africa researcher at Human Rights Watch. “Congolese authorities should immediately release those detained if they haven’t been charged with a credible offense and ensure access to their lawyers and families.”
Human Rights Watch called on United Nations Security Council members, who are due to discuss the situation in Congo on March 19, to publicly press Congolese authorities to immediately release all those detained for their peaceful activities and speech.
Among those arrested on March 15 were Congolese activists, musicians, journalists, technicians, and bystanders; youth leaders and activists from Senegal and Burkina Faso; a US diplomat; two French journalists; and the French director of a production company. The US and French citizens and two Congolese were released after several hours. The others remain detained, possibly by the intelligence agency. They have not been brought before a judge, officially charged with offenses, or had access to their lawyers or families, raising concerns for their safety.
Following the news conference at the Eloko Makasi music studio, men in military police uniform arrived at about 4 p.m. and began arresting people. Witnesses said that the officers at first targeted foreigners. They then began arresting Congolese as well, including those who were preparing the concert stage, and bystanders. The security forces were very rough with several Congolese and West Africans, witnesses said, banging the head of a Senegalese activist against the door of a pickup truck and beating others.
The security forces also took computers and other documents and materials from the hall and destroyed banners.
The military police drove those arrested away in at least three unmarked, white pickup trucks. The US and French citizens were taken to the headquarters of the ANR in Kinshasa, where they were interrogated by senior intelligence officials, then released after several hours. It is not known where the Congolese, Senegalese, and Burkinabe citizens are being detained.
Communications Minister Lambert Mende told journalists that the activists from Senegal and Burkina Faso were “promoting violence through a form of training … coaching of certain youth groups close to a certain opposition to use violent means against other groups or against the institutions of the republic.”
Several Congolese pro-democracy organizations had organized a workshop to introduce Filimbi (“whistle” in Swahili), a new Congolese youth movement. The workshop’s objectives were to promote civic engagement and youth mobilization, and to discuss how Congolese youth can organize in a peaceful and responsible manner to fulfill their duties as citizens.
Youth leaders and activists from Senegal and Burkina Faso came to Kinshasa for the workshop to share their experiences. The Senegalese were members of Y’en a Marre, a group involved in protests against former President Abdoulaye Wade’s controversial bid for a third term in 2012. Those from Burkina Faso were part of Balai Citoyen, a group that participated in protests against former President Blaise Compaoré’s attempt to change the constitution to extend his 27-year term.
“Y’en a Marre and Balai Citoyen are well respected organizations that have worked to promote responsible, civic engagement by youth in West Africa,” Sawyer said. “They came to Kinshasa to share their experiences with Congolese youth, including the importance of peaceful means for youth to engage in the political process.”
Filimbi worked in partnership with Eloko Makasi, a socially conscious music and video production company based in Kinshasa’s Masina neighborhood. Musicians who participated in the workshop went to the Eloko Makasi studio on March 14, 2015, to create a song based on what was discussed at the workshop to encourage Congolese youth to be involved in the democratic process and to promote a free, transparent, and peaceful electoral process.
In a March 16 statement, the US embassy in Kinshasa said the Filimbi workshop was one of many activities the US government supports that involve youth and civil society. “These well-known, well-regarded, non-partisan youth groups as well as the organizers of the weekend’s events intended to promote Congolese youth participation in the political process and encourage young people to express their views about issues of concern to them,” the statement said. “DRC government officials and ruling coalition parties were invited to and some were present during the event.”
Under Congo’s constitution, presidents may serve only two consecutive terms. President Joseph Kabila’s second term ends in 2016. While presidential elections are not scheduled until November 2016, political tensions have been rising across the country. In January 2015, at least 40 people were killed when security forces brutally repressed demonstrations in Kinshasa and other cities to protest proposed changes to Congo’s electoral law that would have delayed elections and enabled Kabila to prolong his term. Numerous political party and civil society leaders have been arrested after speaking out against proposed changes to the constitution or Congo’s electoral system.
“These latest arrests signal a worrying clampdown on freedom of expression and assembly in Congo – fundamental elements of a free, transparent, and peaceful electoral process,” Sawyer said. “Youth leaders, musicians, and activists should be able to meet, discuss, and learn without fear of arrest.”
Source: Human Rights Watch
Sunday, March 15, 2015
Robert McBride accused of stealing incriminating USB stick from Hawks
Robert McBride is now the subject of a criminal investigation – over an allegation that he stole a memory stick containing evidence that could implicate himself as well as Hawks bosses Anwa Dramat and Shadrack Sibiya in unspecified “wrongdoing”.
City Press has learnt the Hawks are now investigating a case of defeating the ends of justice against the head of the Independent Police Investigative Directorate (IPID) after he personally went to the office of suspended Gauteng Hawks head Shadrack Sibiya to take possession of the memory stick that was kept in the walk-in safe.
A senior Hawks officer told City Press on Saturday they were also investigating the relationship between McBride and Sibiya following allegations they received that Sibiya helped McBride evade arrest and a blood test after he allegedly drove drunk and crashed his car after a Christmas party in 2006.
Neither McBride nor Sibiya were available for comment on this allegation on Saturday.
McBride, however, is hitting back and is investigating how acting Hawks head Mthandazo Ntlemeza came to be in possession of the IPID docket into the illegal rendition of five Zimbabweans. He is seeking legal advice on what charges to lay against Ntlemeza.
On Thursday night, McBride filed an urgent application at the North Gauteng High Court in which he asked for an interdict against Police Minister Nathi Nhleko suspending him.
Nhleko had sent him a letter on Wednesday giving him notice of his intention to suspend him.
In his affidavit in court papers, McBride said he met Nhleko and Ntlemeza in Cape Town in February and was told he had been accused of “raiding” Gauteng Hawks provincial headquarters.
'Bugging device'
Two senior sources, one from the Hawks and another from IPID, told City Press the criminal investigation to “nail” McBride was still in its early stages.
“There is an investigation that focuses on whether McBride stole the memory stick, which we believe contained incriminating evidence implicating Dramat, Sibiya and himself,” said the senior Hawks source.
The device has been handed to the State Security Agency for analysis.
However, in another affidavit, Sibiya says two colonels from the Crime Intelligence Unit arrived at his offices in Parktown asking for the device because it belonged to their then suspended boss, Lieutenant General Richard Mdluli, who wanted it back.
Sibiya, who was also suspended at the time, then asked McBride to collect it and examine its contents “to see if it was not a bugging device that was installed unlawfully to monitor my communications”.
The Hawks investigation against McBride relies on an affidavit by Sibiya’s chief administration clerk, Pearl Angel Pomuser, which says McBride and two other men arrived at the provincial headquarters and demanded the device.
McBride allegedly threatened Pomuser with criminal charges if she did not comply, and he was then given the “Data 6 line box” device.
In his letter to Pomuser, McBride said IPID was “investigating a case of systematic corruption” and needed to examine it.
Criminal charges
Last week, City Press reported that McBride faced suspension for allegedly changing the findings of a report into the roles Dramat and Sibiya played in the renditions. The differences between the draft report that implicates the two and the final version that clears them is under way by law firm Werksmans Attorneys.
The senior Hawks officer said that if McBride were found to have played a role in altering the report, he would face additional criminal charges of defeating the ends of justice.
A source within the Sandton law firm told City Press they were still analysing the reports and had asked Nhleko for another two weeks to complete their investigation, which was initially due on Friday.
“Our mandate has been extended to a month,” the source said.
In his notice of intention to suspend McBride, Nhleko accuses McBride of deliberately misleading Dramat and Sibiya by saying they had been cleared of their role in the renditions when they had not.
McBride is also accused of not informing Nhleko that there were two reports and of undermining the minister by writing to the parliamentary portfolio committee on police two weeks ago to request a special sitting to explain the differences in the reports.
Hawks spokesperson Brigadier Hangwani Mulaudzi declined to comment on Saturday, referring questions to police ministry spokesperson Musa Zondi.
Zondi confirmed Nhleko had asked McBride “in the letter whether taking the device could not be construed as tampering with evidence”.
In 2011, McBride was sentenced to two years in prison for drunken driving and an effective three years for trying to defeat the ends of justice.
He successfully appealed his conviction on both counts in 2013.
Source: News24
City Press has learnt the Hawks are now investigating a case of defeating the ends of justice against the head of the Independent Police Investigative Directorate (IPID) after he personally went to the office of suspended Gauteng Hawks head Shadrack Sibiya to take possession of the memory stick that was kept in the walk-in safe.
A senior Hawks officer told City Press on Saturday they were also investigating the relationship between McBride and Sibiya following allegations they received that Sibiya helped McBride evade arrest and a blood test after he allegedly drove drunk and crashed his car after a Christmas party in 2006.
Neither McBride nor Sibiya were available for comment on this allegation on Saturday.
McBride, however, is hitting back and is investigating how acting Hawks head Mthandazo Ntlemeza came to be in possession of the IPID docket into the illegal rendition of five Zimbabweans. He is seeking legal advice on what charges to lay against Ntlemeza.
On Thursday night, McBride filed an urgent application at the North Gauteng High Court in which he asked for an interdict against Police Minister Nathi Nhleko suspending him.
Nhleko had sent him a letter on Wednesday giving him notice of his intention to suspend him.
In his affidavit in court papers, McBride said he met Nhleko and Ntlemeza in Cape Town in February and was told he had been accused of “raiding” Gauteng Hawks provincial headquarters.
'Bugging device'
Two senior sources, one from the Hawks and another from IPID, told City Press the criminal investigation to “nail” McBride was still in its early stages.
“There is an investigation that focuses on whether McBride stole the memory stick, which we believe contained incriminating evidence implicating Dramat, Sibiya and himself,” said the senior Hawks source.
The device has been handed to the State Security Agency for analysis.
However, in another affidavit, Sibiya says two colonels from the Crime Intelligence Unit arrived at his offices in Parktown asking for the device because it belonged to their then suspended boss, Lieutenant General Richard Mdluli, who wanted it back.
Sibiya, who was also suspended at the time, then asked McBride to collect it and examine its contents “to see if it was not a bugging device that was installed unlawfully to monitor my communications”.
The Hawks investigation against McBride relies on an affidavit by Sibiya’s chief administration clerk, Pearl Angel Pomuser, which says McBride and two other men arrived at the provincial headquarters and demanded the device.
McBride allegedly threatened Pomuser with criminal charges if she did not comply, and he was then given the “Data 6 line box” device.
In his letter to Pomuser, McBride said IPID was “investigating a case of systematic corruption” and needed to examine it.
Criminal charges
Last week, City Press reported that McBride faced suspension for allegedly changing the findings of a report into the roles Dramat and Sibiya played in the renditions. The differences between the draft report that implicates the two and the final version that clears them is under way by law firm Werksmans Attorneys.
The senior Hawks officer said that if McBride were found to have played a role in altering the report, he would face additional criminal charges of defeating the ends of justice.
A source within the Sandton law firm told City Press they were still analysing the reports and had asked Nhleko for another two weeks to complete their investigation, which was initially due on Friday.
“Our mandate has been extended to a month,” the source said.
In his notice of intention to suspend McBride, Nhleko accuses McBride of deliberately misleading Dramat and Sibiya by saying they had been cleared of their role in the renditions when they had not.
McBride is also accused of not informing Nhleko that there were two reports and of undermining the minister by writing to the parliamentary portfolio committee on police two weeks ago to request a special sitting to explain the differences in the reports.
Hawks spokesperson Brigadier Hangwani Mulaudzi declined to comment on Saturday, referring questions to police ministry spokesperson Musa Zondi.
Zondi confirmed Nhleko had asked McBride “in the letter whether taking the device could not be construed as tampering with evidence”.
In 2011, McBride was sentenced to two years in prison for drunken driving and an effective three years for trying to defeat the ends of justice.
He successfully appealed his conviction on both counts in 2013.
Source: News24
Sunday, March 8, 2015
Police Minister launches investigation into Robert McBride
Police Minister Nkosinathi Nhleko has launched an investigation into Independent Police Investigative Directorate (Ipid) Head Robert McBride’s handling of the case involving senior Hawks officials and their role in the rendition of Zimababweans in 2010.
It’s understood Ipid filed conflicting reports on the case.
The City Press is reporting Nhleko has accused McBride of changing the findings on the report allegedly in an attempt to protect the Hawks bosses.
The police ministry has also confirmed that Nhleko called the IPID boss asking to explain why there were differences in the two IPID reports.
Spokesperson Musa Zondi, “The minister has asked Werksmans Attourneys to look into both reports and come back to us as soon as possible and tell us when exactly these reports were changed and what the reasons were.”
Weekend reports suggest McBride could soon be joining Hawks boss Anwa Dramat and Shadrack Sibiya on suspension, in the wake of the illegal rendition of five Zimbabweans from Diepsloot, over the Beitbridge Border Post in 2010.
The police minister suspended the pair late last year however, the High Court in Pretoria rendered Dramat's suspension null and void.
However, the Police Ministry last month confirmed that Dramat has not reported for duty, and is on leave by mutual agreement with Nhleko.
Source: EWN
It’s understood Ipid filed conflicting reports on the case.
The City Press is reporting Nhleko has accused McBride of changing the findings on the report allegedly in an attempt to protect the Hawks bosses.
The police ministry has also confirmed that Nhleko called the IPID boss asking to explain why there were differences in the two IPID reports.
Spokesperson Musa Zondi, “The minister has asked Werksmans Attourneys to look into both reports and come back to us as soon as possible and tell us when exactly these reports were changed and what the reasons were.”
Weekend reports suggest McBride could soon be joining Hawks boss Anwa Dramat and Shadrack Sibiya on suspension, in the wake of the illegal rendition of five Zimbabweans from Diepsloot, over the Beitbridge Border Post in 2010.
The police minister suspended the pair late last year however, the High Court in Pretoria rendered Dramat's suspension null and void.
However, the Police Ministry last month confirmed that Dramat has not reported for duty, and is on leave by mutual agreement with Nhleko.
Source: EWN
Saturday, February 7, 2015
Zuma orders inquiry to probe Nxasana fitness to hold office
“The inquiry would look at whether the facts and circumstance surrounding his previous convictions were “constant with the conscientiousness and integrity of an incumbent of the office of the National Director of Public Prosecutions”, according to the terms of reference published on Friday.
It would look at the complaints of professional misconduct laid against him by the KwaZulu-Natal Law Society, that he had faced criminal charges for acts of violence and his arrest on criminal charges.
The inquiry would also look at media statements he issued or caused to be issued which undermined the office of the NDPP or the National Prosecuting Authority (NPA).
“[The inquiry will] make findings, report on and make recommendations concerning the matters.
“The terms of reference may be changed or varied at any stage prior to the conclusion of the inquiry as may be required.”
On January 31, Zuma announced that he was going ahead with a probe into Nxasana’s the fitness to hold office.
In August last year, Zuma notified Nxasana that he was considering suspending him pending an inquiry into his fitness to hold office.
Nxasana filed an urgent application in the High Court in Pretoria in September seeking an interdict to stop Zuma from suspending him before he had been provided with full details of the allegations against him and given a chance to make further representations.
Judge Joseph Raulinga postponed his application indefinitely.
Zuma announced his decision to institute the inquiry on July 5, after reports emerged that Nxasana had apparently not been given a security clearance because of past brushes with the law.
This included being tried for murder around 30 years ago. He was acquitted on the charge based on his version of self-defence.
Zuma said the enquiry would be completed in six weeks from when it starts, and could be extended by himself.
On Thursday, Zuma announced that advocate Nazeer Cassim would chair the inquiry. He would be joined by additional members advocate Lindi Nkosi-Thomas and advocate Sthembiso Mdladla.
In the terms of reference, Zuma said a report and recommendations would be submitted two weeks after the inquiry ended.
Cassim would determine the rules of the enquiry. –Sapa
Source: mail & Guardian
It would look at the complaints of professional misconduct laid against him by the KwaZulu-Natal Law Society, that he had faced criminal charges for acts of violence and his arrest on criminal charges.
The inquiry would also look at media statements he issued or caused to be issued which undermined the office of the NDPP or the National Prosecuting Authority (NPA).
“[The inquiry will] make findings, report on and make recommendations concerning the matters.
“The terms of reference may be changed or varied at any stage prior to the conclusion of the inquiry as may be required.”
On January 31, Zuma announced that he was going ahead with a probe into Nxasana’s the fitness to hold office.
In August last year, Zuma notified Nxasana that he was considering suspending him pending an inquiry into his fitness to hold office.
Nxasana filed an urgent application in the High Court in Pretoria in September seeking an interdict to stop Zuma from suspending him before he had been provided with full details of the allegations against him and given a chance to make further representations.
Judge Joseph Raulinga postponed his application indefinitely.
Zuma announced his decision to institute the inquiry on July 5, after reports emerged that Nxasana had apparently not been given a security clearance because of past brushes with the law.
This included being tried for murder around 30 years ago. He was acquitted on the charge based on his version of self-defence.
Zuma said the enquiry would be completed in six weeks from when it starts, and could be extended by himself.
On Thursday, Zuma announced that advocate Nazeer Cassim would chair the inquiry. He would be joined by additional members advocate Lindi Nkosi-Thomas and advocate Sthembiso Mdladla.
In the terms of reference, Zuma said a report and recommendations would be submitted two weeks after the inquiry ended.
Cassim would determine the rules of the enquiry. –Sapa
Source: mail & Guardian
Friday, February 6, 2015
JZ ignores damning NPA report
Recommendations against the key actors in the Richard Mdluli fraud case have gone unheeded.
The report of an inquiry by retired Constitutional Court Justice Zak Yacoob into the turmoil at the National Prosecuting Authority (NPA) has made damning findings against former acting prosecutions head Nomgcobo Jiba and her key ally, specialised commercial crimes unit head Lawrence Mrwebi.
The report, sent to President Jacob Zuma in October, confirms previous criticism by the courts about Jiba and Mrwebi’s role in the decision to withdraw fraud and corruption charges against suspended crime intelligence boss Richard Mdluli.
Until this week Zuma had failed to respond to the Yacoob report’s recommendations (that Mrwebi should be suspended and an inquiry set up into improprieties at the NPA), reinforcing perceptions that Zuma is protecting his allies in the prosecution service.
On Thursday, after three months of increasing drama and infighting, the presidency announced that Zuma had established an inquiry into the NPA. But that enquiry will not follow the lines recommended by Yacoob. Instead it will deal with the fitness of Mxolisi Nxasana to be the national director of the NPA.
The precise terms of reference for the inquiry are due to be gazetted this Friday, February 6.
The Yacoob report, which included an investigation by advocate Kenneth Manyage, was conducted at the request of Nxasana, the very national director who must now face a presidential inquiry.
Unlike the inquiry now to be instituted into Nxasana, the Yacoob report has no legal force, but strengthens an earlier formal request by Nxasana to Zuma urging him to suspend Jiba and Mrwebi pending the investigation of their alleged perjury by lying under oath.
Both remain in office. NPA spokesperson Velekhaya Mgobhozi confirmed that Zuma, who alone has the power to suspend prosecutors at this level, has never responded to the request.
Jiba and Mrwebi declined to co-operate with Yacoob’s inquiry and Jiba questioned its mandate and lawfulness.
The NPA confirmed last week that the acting head of the Hawks, Major General Berning Ntlemeza, has requested the return of the perjury dockets of Jiba, Mrwebi and Sibongile Mzinyathi, another senior prosecutor accused of altering his evidence in the Mdluli matter.
Ntlemeza’s spokesperson has denied he personally intervened to retrieve the docket, saying “he has the right to ask for progress on any matter”.
The move blocks any formal decision by the NPA on whether to prosecute the trio.
Nxasana inquiry
The inquiry into the fitness of Nxasana comes hard on the heels of the suspension of Hawks commander Anwa Dramat, and what critics see as a political purge at the South African Revenue Service. The move appears to support the view that Zuma is moving against his perceived opponents across a broad front.
The inquiry into Nxasana was first announced more than six months ago, but appeared to have been suspended pending negotiations between Zuma and Nxasana.
Its formalisation now signals a new phase in the increasingly dirty infighting at the NPA. Two independent sources familiar with the matter told amaBhungane that Jiba and Mrwebi were the key stumbling blocks to a settlement between the president and the head of the NPA.
One said: “Nxasana wrote to Zuma and offered to go if Jiba and Mrwebi were removed. He told the president: ‘If they are out, I will go immediately.’
“I suspect he has not changed his position, which is why the president is now proceeding against him.”
Zuma first announced an inquiry into Nxasana in July last year after it emerged he was denied security clearance, purportedly because he did not disclose that he had killed a man at the age of 18.
Nxasana said he was acquitted of the 1985 murder and insisted the revelations about his past were part of factional machinations by his NPA rivals and politicians out to get rid of him.
Until Thursday’s announcement, Zuma had not announced the inquiry’s terms of reference and, following an urgent court application by Nxasana, did not suspend him.
Long shadow
The emergence of the Yacoob report has underscored the central role of the Mdluli saga in the battle for control of the NPA.
It reserves most of its criticism for Mrwebi, a special director appointed by Zuma to head the specialised commercial crime unit in the office of the national director.
The report notes that even before his appointment was gazetted in November 2011, Mrwebi had received hand-delivered representations from Mdluli’s lawyers.
Mdluli had been charged for alleged kickbacks he received in relation to vehicles bought using the crime intelligence division’s secret fund.
The charges emerged from a broader Hawks investigation of abuses of the fund and was under the direction of Pretoria commercial crimes unit boss Glynnis Breytenbach and her divisional director, Mzinyathi.
At the time Mdluli was also fending off a Hawks reinvestigation of murder relating to the unsolved 1999 killing of Mdluli’s former love rival, Oupa Ramogibe.
Mrwebi’s move
Following the representations on the corruption case, Mrwebi determined that the matter could only be investigated by the inspector general of intelligence – despite the latter disputing this interpretation – and instructed Breytenbach to withdraw the charges.
Along the way, Breytenbach appealed in vain to Jiba to review Mrwebi’s decision. She blamed her later suspension and protracted disciplinary battles with the NPA on her determination to prosecute Mdluli. She has since resigned and joined the Democratic Alliance.
In overruling Breytenbach and Mzinyathi, the Yacoob report finds that Mrwebi flouted legislation, stating that such decisions can only be taken “in consultation with” the divisional director.
At Breytenbach’s disciplinary hearing Mzinyathi gave evidence that he had disagreed with Mrwebi’s decision to withdraw charges against Mdluli.
However, when lobby group Freedom Under Law challenged decisions to withdraw murder and corruption charges against Mdluli, Mzinyathi provided an affidavit that appeared to suggest he had agreed with Mrwebi. It is that shift that forms the basis of the perjury investigation against him.
Short shrift
The Yacoob report gives short shrift to these machinations.
“It is trite law that the phrase ‘in consultation with’ means with the concurrence of,” it says. “Yet Mrwebi, for reasons that are difficult to comprehend, chose either not to understand this or to ignore the provision and withdraw charges against Mdluli in circumstances where Mr Mzinyathi did not agree with this course.
“Mr Mrwebi’s evidence at Ms Breytenbach’s disciplinary inquiry is telling … He veered, with some instability, among three possibilities: there was substantial agreement, it was 50-50, or no agreement at all …
“His evidence at the disciplinary hearing left a great deal to be desired. He displayed much arrogance, contradicted himself repeatedly and, in material respects, demonstrated considerable lack of understanding of the law and of legal processes.
“In our view his evidence was certainly not becoming of a person holding the position of special director. He certainly did not come across as a man of credibility or integrity … In our view there are serious criticisms of Mr Mrwebi which must be acted upon.”
Yacoob on Mdluli
Turning to the Mdluli cases, the Yacoob report notes: “We are convinced, having looked at the dockets, that there was at the very least a prima facie case against Major General Mdluli on the fraud and corruption as well as the murder and related charges. The fact they were withdrawn … are both matters of grave concern.”
In a clear reference to the perjury allegations against Jiba, Mrwebi and Mzinyathi, the report noted: “In regard to certain criminal charges against senior NPA personnel: we confirm our view that there is a prima facie case in all of them.
“Mr Mrwebi has got a great deal to answer for … the courts have accused him, with justification, of not telling the truth, not being fully frank with the court …
“There is reason to believe he lied under oath and did not respect the court.
“Mzinyathi, too, lied under oath. Initially without qualification he stated that he had not agreed to the withdrawal of fraud and corruption charges. In his later affidavit he virtually (but not quite) said that he had agreed.
“Jiba said in the high court that she knew nothing about the withdrawal of these cases and the court found it difficult to believe her. We agree … we find it quite incredible that she did not know about these cases.”
Mrwebi told amaBhungane this week that it was the first time he had heard the allegations contained in the Yacoob report. “I have not seen that report, so I can’t comment on these allegations.”
Jiba said she could not comment on Yacoob’s findings because she had never seen the report and “I don’t even know under what mandate or legal prescripts Judge Yacoob acted”.
Asked why she refused to be interviewed by Yacoob, Jiba said: “I could not subject myself to something that is unlawful … you can’t just jump for people. People can’t just jump and say we are now investigating you. There are processes you have to follow.
“And in as much as people want to appear as if they are protecting the rule of law, the rule of law must then be applicable to everybody.”
Mzinyathi could not be reached for comment.
Source: mail & Guardian
The report of an inquiry by retired Constitutional Court Justice Zak Yacoob into the turmoil at the National Prosecuting Authority (NPA) has made damning findings against former acting prosecutions head Nomgcobo Jiba and her key ally, specialised commercial crimes unit head Lawrence Mrwebi.
The report, sent to President Jacob Zuma in October, confirms previous criticism by the courts about Jiba and Mrwebi’s role in the decision to withdraw fraud and corruption charges against suspended crime intelligence boss Richard Mdluli.
Until this week Zuma had failed to respond to the Yacoob report’s recommendations (that Mrwebi should be suspended and an inquiry set up into improprieties at the NPA), reinforcing perceptions that Zuma is protecting his allies in the prosecution service.
On Thursday, after three months of increasing drama and infighting, the presidency announced that Zuma had established an inquiry into the NPA. But that enquiry will not follow the lines recommended by Yacoob. Instead it will deal with the fitness of Mxolisi Nxasana to be the national director of the NPA.
The precise terms of reference for the inquiry are due to be gazetted this Friday, February 6.
The Yacoob report, which included an investigation by advocate Kenneth Manyage, was conducted at the request of Nxasana, the very national director who must now face a presidential inquiry.
Unlike the inquiry now to be instituted into Nxasana, the Yacoob report has no legal force, but strengthens an earlier formal request by Nxasana to Zuma urging him to suspend Jiba and Mrwebi pending the investigation of their alleged perjury by lying under oath.
Both remain in office. NPA spokesperson Velekhaya Mgobhozi confirmed that Zuma, who alone has the power to suspend prosecutors at this level, has never responded to the request.
Jiba and Mrwebi declined to co-operate with Yacoob’s inquiry and Jiba questioned its mandate and lawfulness.
The NPA confirmed last week that the acting head of the Hawks, Major General Berning Ntlemeza, has requested the return of the perjury dockets of Jiba, Mrwebi and Sibongile Mzinyathi, another senior prosecutor accused of altering his evidence in the Mdluli matter.
Ntlemeza’s spokesperson has denied he personally intervened to retrieve the docket, saying “he has the right to ask for progress on any matter”.
The move blocks any formal decision by the NPA on whether to prosecute the trio.
Nxasana inquiry
The inquiry into the fitness of Nxasana comes hard on the heels of the suspension of Hawks commander Anwa Dramat, and what critics see as a political purge at the South African Revenue Service. The move appears to support the view that Zuma is moving against his perceived opponents across a broad front.
The inquiry into Nxasana was first announced more than six months ago, but appeared to have been suspended pending negotiations between Zuma and Nxasana.
Its formalisation now signals a new phase in the increasingly dirty infighting at the NPA. Two independent sources familiar with the matter told amaBhungane that Jiba and Mrwebi were the key stumbling blocks to a settlement between the president and the head of the NPA.
One said: “Nxasana wrote to Zuma and offered to go if Jiba and Mrwebi were removed. He told the president: ‘If they are out, I will go immediately.’
“I suspect he has not changed his position, which is why the president is now proceeding against him.”
Zuma first announced an inquiry into Nxasana in July last year after it emerged he was denied security clearance, purportedly because he did not disclose that he had killed a man at the age of 18.
Nxasana said he was acquitted of the 1985 murder and insisted the revelations about his past were part of factional machinations by his NPA rivals and politicians out to get rid of him.
Until Thursday’s announcement, Zuma had not announced the inquiry’s terms of reference and, following an urgent court application by Nxasana, did not suspend him.
Long shadow
The emergence of the Yacoob report has underscored the central role of the Mdluli saga in the battle for control of the NPA.
It reserves most of its criticism for Mrwebi, a special director appointed by Zuma to head the specialised commercial crime unit in the office of the national director.
The report notes that even before his appointment was gazetted in November 2011, Mrwebi had received hand-delivered representations from Mdluli’s lawyers.
Mdluli had been charged for alleged kickbacks he received in relation to vehicles bought using the crime intelligence division’s secret fund.
The charges emerged from a broader Hawks investigation of abuses of the fund and was under the direction of Pretoria commercial crimes unit boss Glynnis Breytenbach and her divisional director, Mzinyathi.
At the time Mdluli was also fending off a Hawks reinvestigation of murder relating to the unsolved 1999 killing of Mdluli’s former love rival, Oupa Ramogibe.
Mrwebi’s move
Following the representations on the corruption case, Mrwebi determined that the matter could only be investigated by the inspector general of intelligence – despite the latter disputing this interpretation – and instructed Breytenbach to withdraw the charges.
Along the way, Breytenbach appealed in vain to Jiba to review Mrwebi’s decision. She blamed her later suspension and protracted disciplinary battles with the NPA on her determination to prosecute Mdluli. She has since resigned and joined the Democratic Alliance.
In overruling Breytenbach and Mzinyathi, the Yacoob report finds that Mrwebi flouted legislation, stating that such decisions can only be taken “in consultation with” the divisional director.
At Breytenbach’s disciplinary hearing Mzinyathi gave evidence that he had disagreed with Mrwebi’s decision to withdraw charges against Mdluli.
However, when lobby group Freedom Under Law challenged decisions to withdraw murder and corruption charges against Mdluli, Mzinyathi provided an affidavit that appeared to suggest he had agreed with Mrwebi. It is that shift that forms the basis of the perjury investigation against him.
Short shrift
The Yacoob report gives short shrift to these machinations.
“It is trite law that the phrase ‘in consultation with’ means with the concurrence of,” it says. “Yet Mrwebi, for reasons that are difficult to comprehend, chose either not to understand this or to ignore the provision and withdraw charges against Mdluli in circumstances where Mr Mzinyathi did not agree with this course.
“Mr Mrwebi’s evidence at Ms Breytenbach’s disciplinary inquiry is telling … He veered, with some instability, among three possibilities: there was substantial agreement, it was 50-50, or no agreement at all …
“His evidence at the disciplinary hearing left a great deal to be desired. He displayed much arrogance, contradicted himself repeatedly and, in material respects, demonstrated considerable lack of understanding of the law and of legal processes.
“In our view his evidence was certainly not becoming of a person holding the position of special director. He certainly did not come across as a man of credibility or integrity … In our view there are serious criticisms of Mr Mrwebi which must be acted upon.”
Yacoob on Mdluli
Turning to the Mdluli cases, the Yacoob report notes: “We are convinced, having looked at the dockets, that there was at the very least a prima facie case against Major General Mdluli on the fraud and corruption as well as the murder and related charges. The fact they were withdrawn … are both matters of grave concern.”
In a clear reference to the perjury allegations against Jiba, Mrwebi and Mzinyathi, the report noted: “In regard to certain criminal charges against senior NPA personnel: we confirm our view that there is a prima facie case in all of them.
“Mr Mrwebi has got a great deal to answer for … the courts have accused him, with justification, of not telling the truth, not being fully frank with the court …
“There is reason to believe he lied under oath and did not respect the court.
“Mzinyathi, too, lied under oath. Initially without qualification he stated that he had not agreed to the withdrawal of fraud and corruption charges. In his later affidavit he virtually (but not quite) said that he had agreed.
“Jiba said in the high court that she knew nothing about the withdrawal of these cases and the court found it difficult to believe her. We agree … we find it quite incredible that she did not know about these cases.”
Mrwebi told amaBhungane this week that it was the first time he had heard the allegations contained in the Yacoob report. “I have not seen that report, so I can’t comment on these allegations.”
Jiba said she could not comment on Yacoob’s findings because she had never seen the report and “I don’t even know under what mandate or legal prescripts Judge Yacoob acted”.
Asked why she refused to be interviewed by Yacoob, Jiba said: “I could not subject myself to something that is unlawful … you can’t just jump for people. People can’t just jump and say we are now investigating you. There are processes you have to follow.
“And in as much as people want to appear as if they are protecting the rule of law, the rule of law must then be applicable to everybody.”
Mzinyathi could not be reached for comment.
Source: mail & Guardian
Wednesday, January 21, 2015
Another delay in ‘Amigos’ trial
A year since their last court appearance, the accused in the so-called “Amigos” R144 million provincial government racketeering, corruption and fraud trial are no closer to standing trial.
When they appeared briefly in the Durban High Court on Tuesday, their case was adjourned for another year – to February 8, 2016 – because the main accused, Cape Town billionaire Gaston Savoi, had launched another “interlocutory application”, this time for a permanent stay of prosecution.
Savoi, who also represents his company, Intaka Holdings, and his colleague, Fernando Praderi, were again absent from court – with the blessing of the State.
Their advocate, Jimmy Howse, placed on record that this was the arrangement with all adjournments and warrants of arrest that were issued but stayed.
Before Acting Judge Eric Nzimande were the former head of the provincial Treasury, Sipho Shabalala, his wife, Beatrice, former heads of health Busisiwe Nyembezi and Ronald Green-Thompson, former health officials Victor Ntshangase and Alson Buthelezi, and advocate Sandile Kuboni.
The reason for the case’s adjournment in February last year was that Savoi was waiting for the outcome of his Constitutional Court challenge to sections of the Prevention of Organised Crime Act. He argued that these were vague and open to “personal and political manipulation” – and used as an example the withdrawal of charges against his former co-accused, ANC politicians Mike Mabuyakhulu and Peggy Nkonyeni.
The Constitutional Court handed down judgment in March last year, dismissing his attacks and finding unanimously that the definition of a “pattern of racketeering activity” was clear.
On the issue he raised about the act allowing “hearsay evidence”, the court said this did not render the trial automatically unfair and the trial court was best placed to deal with this issue.
Savoi has now launched another application in the Pietermaritzburg High Court for a permanent stay of prosecution.
Legal sources said there had been several “skirmishes” around this, particularly about provision of documents from the State. While all the papers had now been filed – and it was hoped it would be argued in March – the dispute had not been finally resolved and it would not be heard until later in the year.
“Of course, depending on the outcome, one or other party may wish to take it to a higher court on appeal, which will push any trial date further in the future,” a source said. Next year’s date remains a provisional one.
Savoi is accused of paying sweeteners to officials – including an alleged R1m to the ANC – to score contracts for the supply of water purification and oxygen plants to the departments of health and local government.
Initially there were 23 accused facing 54 counts. But the new indictment now lists only 17 charges.
In documents in support of an asset forfeiture application, the State put up transcripts of text messages in which some of the accused referred to each other as “Amigo”.
Source: Iol
When they appeared briefly in the Durban High Court on Tuesday, their case was adjourned for another year – to February 8, 2016 – because the main accused, Cape Town billionaire Gaston Savoi, had launched another “interlocutory application”, this time for a permanent stay of prosecution.
Savoi, who also represents his company, Intaka Holdings, and his colleague, Fernando Praderi, were again absent from court – with the blessing of the State.
Their advocate, Jimmy Howse, placed on record that this was the arrangement with all adjournments and warrants of arrest that were issued but stayed.
Before Acting Judge Eric Nzimande were the former head of the provincial Treasury, Sipho Shabalala, his wife, Beatrice, former heads of health Busisiwe Nyembezi and Ronald Green-Thompson, former health officials Victor Ntshangase and Alson Buthelezi, and advocate Sandile Kuboni.
The reason for the case’s adjournment in February last year was that Savoi was waiting for the outcome of his Constitutional Court challenge to sections of the Prevention of Organised Crime Act. He argued that these were vague and open to “personal and political manipulation” – and used as an example the withdrawal of charges against his former co-accused, ANC politicians Mike Mabuyakhulu and Peggy Nkonyeni.
The Constitutional Court handed down judgment in March last year, dismissing his attacks and finding unanimously that the definition of a “pattern of racketeering activity” was clear.
On the issue he raised about the act allowing “hearsay evidence”, the court said this did not render the trial automatically unfair and the trial court was best placed to deal with this issue.
Savoi has now launched another application in the Pietermaritzburg High Court for a permanent stay of prosecution.
Legal sources said there had been several “skirmishes” around this, particularly about provision of documents from the State. While all the papers had now been filed – and it was hoped it would be argued in March – the dispute had not been finally resolved and it would not be heard until later in the year.
“Of course, depending on the outcome, one or other party may wish to take it to a higher court on appeal, which will push any trial date further in the future,” a source said. Next year’s date remains a provisional one.
Savoi is accused of paying sweeteners to officials – including an alleged R1m to the ANC – to score contracts for the supply of water purification and oxygen plants to the departments of health and local government.
Initially there were 23 accused facing 54 counts. But the new indictment now lists only 17 charges.
In documents in support of an asset forfeiture application, the State put up transcripts of text messages in which some of the accused referred to each other as “Amigo”.
Source: Iol
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