Friday, August 29, 2014

South African court convicts men of murder attempt on Rwandan general

A South African court found four men guilty on Friday of an attempt to murder an exiled former Rwandan general in front of his home in Johannesburg.

The general said the attack was ordered by Rwandan president Paul Kagame.

Two other suspects were acquitted for the shooting, which took place in 2010 and that injured Faustin Kayumba Nyamwasa, the court said.

Nyamwasa, a former top aide to Rwanda's president, fell out with him in 2010 and fled to South Africa where he was granted political asylum. Nyamwasa and others accuse Kagame of ordering two attempts on his life. They also accuse him of ordering the murder of another critic of the Rwandan government, colonel Patrick Karegeya, who was a former Rwandan spymaster. Karegeya was found strangled in a Johannesburg hotel in December last year. Karegeya, who was also exiled in South Africa, was Nyamwasa's friend and former colleague.

Rwanda's government has denied any involvement in the attacks.

Karegeya's nephew, David Batenga, said he was pleased the four men were found guilty but discouraged that the other two were not. Sentencing is set for 10 September.

Rwanda's government has been praised for making impressive progress in the delivery of public services since the 1994 genocide. However, Human Rights Watch says freedom of expression is tightly controlled and that the government has threatened critics, and obstructed opposition parties and independent civil society.

In Rwanda on Friday, two senior army officers were charged with inciting the public against the government. Brigadier general Frank Rusagara and colonel Tom Byabagamba were also charged in a military court with illegal possession of firearms and spreading falsehoods. The two were arrested last week.

Byabagamba once was the commander of the elite force in charge of Kagame's security. Rusagara, who retired from the army last year, had recently served as the defence attache at Rwanda's diplomatic mission in Britain. His driver, retired sergeant Francois Kabayiza, was also charged.

Source: The Guardian

Friday, August 15, 2014

NPA boss Nxasana wins battle against suspension - for now

The National Prosecuting Authority boss Mxolisi Nxasana appears to have won round one in his battle against President Jacob Zuma to keep his job.

Following a meeting between the parties today, Nxasana has not been suspended by Zuma, as had been widely expected this week, the Mail & Guardian has established.

Talks were held this morning after Nxasana filed an urgent court interdict on Tuesday to try to compel Zuma to provide him with further clarity on why he wants to suspend him.

The matter was postponed indefinitely but kept on the court roll, and efforts are being made to try to settle the dispute out of court.

Anticipating Nxasana’s suspension

The court action was seen by Zuma’s supporters as a pre-emptive strike, as they were anticipating Nxasana’s suspension by the President on Tuesday, said an NPA source.

Nxasana’s supporters believe attempts were made to get him to resign after the prosecuting authority moved to recharge suspended crime intelligence boss Richard Mdluli with fraud and corruption.

Trouble erupted seven months after he took up his post when Nxasana was asked in May by former justice minister Jeff Radebe to step down, as he had apparently failed his security clearance.

Nxasana pointed out in his court papers this week that Radebe had brought up cases from 30 years ago, and he had declared most of them.

One of these cases involved a murder charge he faced in court when he was 18, which he said he had not declared because he was acquitted on the grounds that he had acted in self-defence.

While some NPA legal figures have clashed with Nxasana, a number of NPA prosecutors have told the M&G they will not stand by and allow Nxasana to be removed from office, without good reason.

“We believe in his integrity and independence,” said a senior NPA prosecutor this week. “He is the only one who can restore our dignity and pride and bury the rot.”

Nxasana had a deadline for Tuesday to provide reasons why he should not be suspended.

Zuma wrote him a letter and made it clear that he intends to suspend Nxasana while he waits for a commission of inquiry into his fitness to hold office to be convened. However, Nxasana said he would not provide the President with reasons why he should not be suspended unless he has further details about why he wants to suspend him.

Nxasana and Zuma are expected to meet again next week, but the presidency is keeping mum on details.

Further court action could take place if Nxasana is not happy with the outcome, said NPA sources, if Nxasana is still not provided with further details on why Zuma wants to suspend him.

Zuma’s spokesperson Mac Maharaj confirmed in a press statement the President had met with the National Director of Public Prosecutions (NDPP) this morning and said they had discussed various matters around the President’s intention to hold an inquiry into the NDPP’s fitness to hold office.

“The President has taken note of the issues raised by the NDPP,” said Maharaj. “An announcement will be made when all the processes have been completed.”

Source: Mail & Guardian

Sunday, August 10, 2014

Criminal charges laid against senior NPA officials

Criminal charges have been laid against three National Prosecuting Authority senior officials, the prosecuting authority confirmed on Sunday.

“Yes, it is indeed correct,” NPA spokesperson Nathi Mncube said in reply to an SMS from Sapa. Former acting NPA head Nomgcobo Jiba, director of public prosecutions for north Gauteng Sibongile Mzinyathi and head of the NPA’s specialised commercial crimes unit Lawrence Mrwebi were facing charges of perjury.

City Press newspaper reported that the charges followed court findings made about the NPA’s leadership last year. This was after rights group Freedom Under Law successfully applied to overturn the dropping of criminal charges against former crime intelligence boss Richard Mdluli.

Mdluli is expected back in court on Monday reportedly on charges which included kidnapping, assault and intimidation. Mncube confirmed he was expected to appear in the Palm Ridge Magistrate’s Court but would not say on what charges. According to the newspaper, National Director of Public Prosecutions Mxolisi Nxasana has written to President Jacob Zuma asking him to suspend Jiba, Mrwebi and Mzinyathi, pending an inquiry into their fitness to hold office.

Nxasana himself could be facing suspension, pending an inquiry. This was after reports emerged that he had apparently not been given a security clearance for the job as NPA boss because of past brushes with the law. Earlier this week, the presidency said Zuma had notified Nxasana that he was considering suspending him with full pay. – Sapa

Source: Mail & Guardian