Another Gauteng High Court prosecutor tasked with the prosecution of President Jacob Zuma on charges of corruption has been demoted. Advocate George Baloyi became the second senior prosecutor on a Zuma case to receive notice of his removal as Deputy Director of Public Prosecutions. On Tuesday, The Star reported that Advocate Mutuwa Nengovhela, also a member of the team that prosecuted Zuma in the Johannesburg High Court, had been given the responsibilities of a clerk at the Family Court.
Two colleagues at the Pretoria High Court, Advocate Retha Meintjies SC and Advocate Connie Erasmus, have also been demoted and told to take up their new positions as prosecutors at magistrate courts around Pretoria on April 5. The orders have come from Director of Public Prosecutions Menzi Simelane.
Meintjies is going to the Mamelodi Magistrate's Court where she will work only on sexual offence cases, domestic violence and maintenance issues. Baloyi is to prosecute similar cases in the Pretoria Magistrate's Court. Erasmus, who worked at the now disbanded Scorpions, will become a prosecutor at the Soshanguve Regional Court.
According to National Prosecuting Authority spokesperson Bulelwa Makeke, the reason for the deployment was that most of the serious crimes that plagued the country were being heard in lower courts, mostly staffed by young and inexperienced prosecutors. "The organisation has a wealth of experienced prosecutors, many of whom are in managerial positions at head office and in the DPP offices, mainly concerned with administration. How is this imbalance of resources benefiting the criminal justice system, especially our courts? "The ever increasing case backlogs and less than satisfactory conviction rates are a clear sign that the manner in which our courts are resourced with prosecutors is not yielding the positive results that Government and the Justice, Crime Prevention and Security cluster are aiming to achieve," she said.
In Soweto, the removal of Nthabiseng Motsau, the head of sexual offences cases at the Protea Magistrate's Court, could result in delay in the prosecution of a Chris Hani Baragwanath Hospital doctor facing 13 cases of sexual assault. None of the prosecutors would talk to the media.
Source: IoL
Showing posts with label Mutuwa Nengovhela. Show all posts
Showing posts with label Mutuwa Nengovhela. Show all posts
Wednesday, March 31, 2010
Tuesday, March 30, 2010
ACDP: Statement by Steve Swart, African Christian Democratic Party spokesperson, on the NPA’s decision to demote prosecutors
"It is shocking that these top prosecutors, with many years of experience, have been effectively demoted at a time when the courts are struggling to deal with heavy case-loads and complex trials. Prosecutors are at the forefront of the fight against crime, with many cases being lost due to inexperienced prosecutors.
According to media reports, Mutuwa Nengovhela, who was part of the prosecution team in the rape trial of President Zuma and who was a deputy director at the Johannesburg High Court, has been demoted to the Family Court. This decision smacks of revenge and requires an explanation.
Another chief prosecutor, Andre Lamprecht, who has 33 years of experience, allegedly refused to follow an instruction from the National Director of Public Prosecutions, Menzi Simelane, not to oppose bail for hip-hop musician Molemo "Jub Jub" Maarohanye. According to media reports, Jub Jub, who faces four counts of murder, campaigned for the ANC during the 2009 elections. Lamprecht has been demoted to an ordinary prosecutor.
Three other prosecutors, Deon Vlok, Nthabasieng Motsau and Raymond Mathenjwa were also effectively demoted to junior posts.
Nengovhela and Vlok are key to the prosecution of high-profile and serious cases in the High Courts. It is disgraceful that these experienced prosecutors are to be transferred to the Family Court to deal with less serious sexual offences, domestic violence and maintenance cases. The NPA is still reeling from the impact of the disbanding of the Scorpions, which had a serious impact on the investigation and prosecution of organised crime cases, as well as on the morale of prosecutors. These decisions will have a similar impact.
The ACDP will require Simelane to explain these irrational decisions which seem to be motivated by revenge (particularly in the case of Nengovhelo and Lamprecht) when he appears before the Justice Committee next term. We also trust that the prosecutors affected will approach the courts for a review of these decisions. We cannot afford not to maximise the skills of our experienced prosecutors in the fight against crime, particularly in the highest courts of the land.
The ACDP will also hold Simelane to account by questioning him on his decision not to support the Assert Forfeiture Unit (AFU) in its attempts to seize millions of rands - allegedly the proceeds of bribes from arms multinational BAE Systems - held offshore by arms deal kingpin Fana Hlongwane. This after the AFU had already obtained a provisional court order against Hlongwane."
Source: Polity
According to media reports, Mutuwa Nengovhela, who was part of the prosecution team in the rape trial of President Zuma and who was a deputy director at the Johannesburg High Court, has been demoted to the Family Court. This decision smacks of revenge and requires an explanation.
Another chief prosecutor, Andre Lamprecht, who has 33 years of experience, allegedly refused to follow an instruction from the National Director of Public Prosecutions, Menzi Simelane, not to oppose bail for hip-hop musician Molemo "Jub Jub" Maarohanye. According to media reports, Jub Jub, who faces four counts of murder, campaigned for the ANC during the 2009 elections. Lamprecht has been demoted to an ordinary prosecutor.
Three other prosecutors, Deon Vlok, Nthabasieng Motsau and Raymond Mathenjwa were also effectively demoted to junior posts.
Nengovhela and Vlok are key to the prosecution of high-profile and serious cases in the High Courts. It is disgraceful that these experienced prosecutors are to be transferred to the Family Court to deal with less serious sexual offences, domestic violence and maintenance cases. The NPA is still reeling from the impact of the disbanding of the Scorpions, which had a serious impact on the investigation and prosecution of organised crime cases, as well as on the morale of prosecutors. These decisions will have a similar impact.
The ACDP will require Simelane to explain these irrational decisions which seem to be motivated by revenge (particularly in the case of Nengovhelo and Lamprecht) when he appears before the Justice Committee next term. We also trust that the prosecutors affected will approach the courts for a review of these decisions. We cannot afford not to maximise the skills of our experienced prosecutors in the fight against crime, particularly in the highest courts of the land.
The ACDP will also hold Simelane to account by questioning him on his decision not to support the Assert Forfeiture Unit (AFU) in its attempts to seize millions of rands - allegedly the proceeds of bribes from arms multinational BAE Systems - held offshore by arms deal kingpin Fana Hlongwane. This after the AFU had already obtained a provisional court order against Hlongwane."
Source: Polity
'Demoted' prosecutor to fight back
The National Prosecuting Authority (NPA) defended its plans to send senior prosecutors to lower courts, saying on Tuesday this was part of a plan to boost struggling lower courts. "The fact of the matter is that the changes to prosecutor allocation and redeployment of senior prosecutors to courts, especially in the lower courts, is in support of the strategy to address the dearth of skills in the organisation, and redistributing resources where they are needed most," said a statement from the authority.
At least one of the 14 prosecutors, chief state prosecutor Andre Lambrecht, intends challenging his move from a managerial position to a lower court, feeling that it coincided with his refusal not to oppose bail in musician Jub Jub's drunk driving case. He is also aggrieved that the move was very sudden and plans to ask for his old job back. However, the NPA insists that the reshuffle is part of its "Strategic Plan for 2010 - 2015", which is being finalised for submission to the Minister of Justice and Constitutional Development, and to Parliament. The document will outline challenges like the resourcing of the lower courts, regarded as a "real threat" to service delivery in the courts.
The NPA feels that senior prosecutors' skills would be better used in the lower courts, where most crimes are heard, and cases are led by mainly inexperienced prosecutors, instead of them doing administrative work.
The National Director of Public Prosecutions has asked directors of public prosecutions to identify courts that need such a boost, as well as experienced prosecutors, including directors, who can be redeployed. "These are prosecutors - their duty and obligation to the country is to institute criminal proceedings in court, and to handle any other work incidental thereto."
The authority denied that these were demotions, and said people who felt that way believed they could better serve the prosecutions service "sitting in their offices dealing with administrative matters". "However, that cannot work for the organisation - the skills of prosecutors are best utilised and serve the country the most, in court." The plan will also take into account transformation issues like racial demographics, to address past imbalances.
But the African Christian Democratic Party said NDPP Menzi Simelane must explain himself, suggesting that some of the redeployments could be for revenge. They pointed out that Mutuwa Nengovhela, was part of the prosecution team in the rape trial of President Jacob Zuma. He was a deputy director at the High Court in Johannesburg and was moved the Family Court. "This decision smacks of revenge and requires an explanation," said ACDP MP Steve Swart. Zuma was acquitted in that case.
A report in The Star suggested that the bid not to oppose bail for Jub Jub could be linked to his campaigning for the ruling ANC during last year's election. It also felt that the move would be a blow for prosecutors, already reeling from the disbanding of the Scorpions last year, which had their own unit of investigating prosecutors. The disbanding of the Scorpions was regarded by some observers as a response to their pursuit of Zuma on corruption charges. That case was abandoned shortly before Zuma became president.
Source: IoL
At least one of the 14 prosecutors, chief state prosecutor Andre Lambrecht, intends challenging his move from a managerial position to a lower court, feeling that it coincided with his refusal not to oppose bail in musician Jub Jub's drunk driving case. He is also aggrieved that the move was very sudden and plans to ask for his old job back. However, the NPA insists that the reshuffle is part of its "Strategic Plan for 2010 - 2015", which is being finalised for submission to the Minister of Justice and Constitutional Development, and to Parliament. The document will outline challenges like the resourcing of the lower courts, regarded as a "real threat" to service delivery in the courts.
The NPA feels that senior prosecutors' skills would be better used in the lower courts, where most crimes are heard, and cases are led by mainly inexperienced prosecutors, instead of them doing administrative work.
The National Director of Public Prosecutions has asked directors of public prosecutions to identify courts that need such a boost, as well as experienced prosecutors, including directors, who can be redeployed. "These are prosecutors - their duty and obligation to the country is to institute criminal proceedings in court, and to handle any other work incidental thereto."
The authority denied that these were demotions, and said people who felt that way believed they could better serve the prosecutions service "sitting in their offices dealing with administrative matters". "However, that cannot work for the organisation - the skills of prosecutors are best utilised and serve the country the most, in court." The plan will also take into account transformation issues like racial demographics, to address past imbalances.
But the African Christian Democratic Party said NDPP Menzi Simelane must explain himself, suggesting that some of the redeployments could be for revenge. They pointed out that Mutuwa Nengovhela, was part of the prosecution team in the rape trial of President Jacob Zuma. He was a deputy director at the High Court in Johannesburg and was moved the Family Court. "This decision smacks of revenge and requires an explanation," said ACDP MP Steve Swart. Zuma was acquitted in that case.
A report in The Star suggested that the bid not to oppose bail for Jub Jub could be linked to his campaigning for the ruling ANC during last year's election. It also felt that the move would be a blow for prosecutors, already reeling from the disbanding of the Scorpions last year, which had their own unit of investigating prosecutors. The disbanding of the Scorpions was regarded by some observers as a response to their pursuit of Zuma on corruption charges. That case was abandoned shortly before Zuma became president.
Source: IoL
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