Suspended police crime intelligence head Richard Mdluli, the National Prosecuting Authority and the Specialised Commercial Crime Unit may appeal against a ruling that charges against him must be reinstated, the high court in Pretoria ruled on Monday.
Freedom Under Law (FUL) did not oppose the application, and said the matter concerned issues of significant public importance which ought to be aired in the Supreme Court of Appeal.
An application by the public interest group to revive a previous interim interdict stopping Mdluli from returning to work would continue only at a later stage.
National police commissioner Riah Phiyega has agreed to give the FUL 30 days' notice if she wants to reinstate Mdluli.
The FUL said it reserved its rights to approach the court again.
Deputy Judge President of the high courts in Johannesburg and Pretoria Aubrey Ledwaba granted leave to appeal against Judge John Murphy's ruling in September in favour of the FUL.
Decision set aside
Murphy had set aside decisions to withdraw charges of money laundering and murder, and disciplinary proceedings, against Mdluli.
Ledwaba said there were compelling reasons to grant leave, and there was a reasonable prospect that another court might come to a different conclusion.
Considering the importance and complexity of the issues, the Supreme Court of Appeal in Bloemfontein would be the correct court to deal with the matter.
Ledwaba said Murphy was not available to hear the application. The application for leave to appeal began before Murphy in October, but due to "some unfortunate altercation" between him and William Mokhari SC, Ledwaba intervened and postponed the matter indefinitely.
The altercation started when Mokhari, who represented the police commissioner, told Murphy it was presumptuous to ask if Phiyega intended reinstating Mdluli.
Murphy repeatedly told Mokhari to sit down and when he refused, Murphy walked out of the court. Mokhari, who is the chairperson of the Johannesburg Bar Council, has since laid a formal complaint about the judge's "demeaning" remarks with the Judicial Service Commission. – Sapa
Showing posts with label SCCU. Show all posts
Showing posts with label SCCU. Show all posts
Monday, December 2, 2013
Friday, August 24, 2012
Politicking among police
Concerns over the politicisation of the criminal justice system were first raised over the Mbeki administration's investigation of Jacob Zuma.
Now, under a Zuma presidency, concern has congealed into dread as his appointments to the prosecution service have injected political poison into the state's most sensitive independent organs.
First came the appointment of the hopelessly compromised Menzi Simelane as national director of public prosecutions. Then came Willem Heath's return to the Special Investigating Unit. His political agenda was so transparent he blurted it out in the media and had to go.
Next was Lawrence Mrwebi, chosen to head the Specialised Commercial Crime unit. Mrwebi is a fallible man who had been deeply embroiled in efforts to shut down the Scorpions.
In December last year, when Simelane was beginning to test his leash, the Supreme Court of Appeal declared his appointment invalid, allowing Zuma to appoint a stand-in candidate arguably as deeply partial as Heath: Nomgcobo Jiba.
In 2007 Jiba was suspended for her role in trying to procure the arrest of then-Gauteng Scorpions boss Gerrie Nel. Richard Mdluli came to her defence, alleging she had been assisting police with an intelligence-driven investigation of the Scorpions. The justice minister weighed in to query her case and after Zuma took power she was reinstated.
Intelligence
Since December last year, Jiba and Mrwebi have acted like a tag team to take on politically sensitive cases. In the Mdluli case, Mrwebi ordered the withdrawal of fraud charges, relying, in part, on undisclosed "intelligence".
Jiba followed that punch with the suspension of prosecutor Glynnis Breytenbach, who wanted to pursue charges against Mdluli and was central to a politically sensitive investigation of alleged fraud in the acquisition of mining rights at Sishen. Next came the withdrawal of charges against Zuma backers and KwaZulu-Natal MECs Mike Mabuyakhulu and Peggy Nkonyeni in the "amigos" corruption case.
Today we report on further damaging allegations of Mrwebi's meddling in a case whose implications are as yet obscure. All we know is the man Mrwebi allegedly tried to protect is someone whose business it was to know the dirty secrets of the National Prosecuting Authority's provincial office.
The poison is now at the heart of the system.
Source: Mail & Guardian
Now, under a Zuma presidency, concern has congealed into dread as his appointments to the prosecution service have injected political poison into the state's most sensitive independent organs.
First came the appointment of the hopelessly compromised Menzi Simelane as national director of public prosecutions. Then came Willem Heath's return to the Special Investigating Unit. His political agenda was so transparent he blurted it out in the media and had to go.
Next was Lawrence Mrwebi, chosen to head the Specialised Commercial Crime unit. Mrwebi is a fallible man who had been deeply embroiled in efforts to shut down the Scorpions.
In December last year, when Simelane was beginning to test his leash, the Supreme Court of Appeal declared his appointment invalid, allowing Zuma to appoint a stand-in candidate arguably as deeply partial as Heath: Nomgcobo Jiba.
In 2007 Jiba was suspended for her role in trying to procure the arrest of then-Gauteng Scorpions boss Gerrie Nel. Richard Mdluli came to her defence, alleging she had been assisting police with an intelligence-driven investigation of the Scorpions. The justice minister weighed in to query her case and after Zuma took power she was reinstated.
Intelligence
Since December last year, Jiba and Mrwebi have acted like a tag team to take on politically sensitive cases. In the Mdluli case, Mrwebi ordered the withdrawal of fraud charges, relying, in part, on undisclosed "intelligence".
Jiba followed that punch with the suspension of prosecutor Glynnis Breytenbach, who wanted to pursue charges against Mdluli and was central to a politically sensitive investigation of alleged fraud in the acquisition of mining rights at Sishen. Next came the withdrawal of charges against Zuma backers and KwaZulu-Natal MECs Mike Mabuyakhulu and Peggy Nkonyeni in the "amigos" corruption case.
Today we report on further damaging allegations of Mrwebi's meddling in a case whose implications are as yet obscure. All we know is the man Mrwebi allegedly tried to protect is someone whose business it was to know the dirty secrets of the National Prosecuting Authority's provincial office.
The poison is now at the heart of the system.
Source: Mail & Guardian
Friday, May 7, 2010
Menzi guts the NPA
Menzi Simelane, the national director of public prosecutions, has “totally dismantled” the successful Specialised Commercial Crime Unit (SCCU), say well-placed sources, and removed and redeployed its head, advocate Chris Jordaan SC.
The acclaimed Asset Forfeiture Unit (AFU) almost went the same way during restructuring by Simelane, said the sources, and its head, Willie Hofmeyr, kept his post only because Justice Minister Jeff Radebe intervened last week.
Hofmeyr is deputy national prosecutions director and head of the independent statutory Special Investigations Unit. Jordaan had been with the SCCU since its inception in 1999.
Simelane has claimed that the restructuring is to promote service delivery, but the commercial crime unit’s conviction rate has never fallen below 92%.
Morale is said to be plummeting at the national prosecuting authority (NPA) and many senior staff are hunting for jobs elsewhere. About 16 legal figures have received notices that they are to be redeployed.
NPA sources said the restructuring of the SCCU was “already done and dusted” by the time Radebe intervened.
From April 1 the SCCU’s name has been changed to the Commercial Crime Component (CCC). Although there used to be a national reporting structure, the unit no longer has a head and its regional offices now report to the provincial directorates of public prosecutions.
It has been split into two, one section dealing with complex commercial-crime cases and the other with “run-of-the mill” cases and general litigation.
Sources complained that the restructuring was ill-conceived and had placed a heavy burden on those responsible for general litigation because there were too few staff.
‘Why has it been split?’
“It’s a practical question. Why was the commercial crime unit not left alone? Why has it been split?” said an official close to the developments, who asked not to be named. “If it’s not broken, why fix it?”
Jordaan has been moved to the NPA’s Pretoria offices and has apparently been unofficially told that he will now be the national coordinator of commercial crime. But sources said he no longer has contact with the unit.
The Mail & Guardian has also learned that Simelane has told Hofmeyr to choose between heading the AFU or the SIU.
NPA sources said they felt Simelane was hell-bent on purging senior managers and implementing restructuring plans at breakneck speed. They described him as a “terrible manager” who had been dogged by controversy since President Jacob Zuma appointed him in December and expressed grave concern about the motivation for the restructuring.
Worries about his leadership peaked in March after he ordered the AFU not to try to seize millions of rands in alleged bribes from arms multinational BAE Systems, held offshore by arms-deal kingpin Fana Hlongwane.
Three weeks ago opposition parties raised strong objections to a five-year NPA strategic plan tabled in Parliament. The plan stated that the AFU had been disbanded and was included as a division in the regional offices.
This week Simelane told the M&G the clause in the “draft strategic plan was an unfortunate drafting error”.
On why he had not consulted Radebe, he said the document had not been finalised.
‘NPA needs to transform itself’
Questioned on the purpose of restructuring, he said: “Your questions seem to suggest that the NPA is fully transformed and therefore there is no longer a need. The idea is furtherest from the truth. To reiterate—the NPA needs to transform itself to meet the needs of society in contributing to the criminal justice system, with a view of enhancing public confidence.
“The structure is being streamlined to ensure a focus on core functions, with experienced prosecutors utilised in the delivery of core services. The aim is to show significant improvement to service delivery.”
Radebe’s spokesperson, Tlali Tlali, said Simelane had explained to the minister that he told Parliament’s justice committee that the strategic plan still needed ministerial approval.
“The minister accepted the national director of public prosecution’s explanation and the bringing of disciplinary proceedings did not arise,” he said.
But sources said there was “guerrilla warfare” at the NPA. Manie de Clercq of the Public Servants’ Association said plans to redeploy three senior NPA advocates appeared to have been put on hold.
“But we haven’t received anything in writing from NPA to say it has withdrawn the redeployments, so we’ll still go through the process of conciliation,” said De Clercq.
Who would have an issue?
South Africa has won international recognition for the way it has implemented the forfeiture of proceeds from crime, so well-placed criminal justice sources insist that there must be hidden agendas behind the “bizarre” schemes to close the old Asset Forfeiture Unit.
AFU figures for 2009-2010 show:
The value of new restraints—orders for the freezing of physical assets and cash—was R491-million;
The value of confiscation or forfeiture orders was R184,7-million;
The value of deposits into the criminal assets recovery account was R51,7-million; and
Orders in favour of the victims of crime amounted to R52,3-million.
The AFU has been involved in many high-profile cases, including:
The David King tax fraud case, in which court orders were secured in the United Kingdom and Guernsey to freeze accounts of millions of rands that King allegedly removed from South Africa;
The Jabulani Mabaso corruption case, in which assets of R191-million were frozen. The state alleges he defrauded the KwaZulu-Natal education department of R200-million; and
The Schabir Shaik graft case, in which assets of R41-million were frozen.
Source: Mail & Guardian
The acclaimed Asset Forfeiture Unit (AFU) almost went the same way during restructuring by Simelane, said the sources, and its head, Willie Hofmeyr, kept his post only because Justice Minister Jeff Radebe intervened last week.
Hofmeyr is deputy national prosecutions director and head of the independent statutory Special Investigations Unit. Jordaan had been with the SCCU since its inception in 1999.
Simelane has claimed that the restructuring is to promote service delivery, but the commercial crime unit’s conviction rate has never fallen below 92%.
Morale is said to be plummeting at the national prosecuting authority (NPA) and many senior staff are hunting for jobs elsewhere. About 16 legal figures have received notices that they are to be redeployed.
NPA sources said the restructuring of the SCCU was “already done and dusted” by the time Radebe intervened.
From April 1 the SCCU’s name has been changed to the Commercial Crime Component (CCC). Although there used to be a national reporting structure, the unit no longer has a head and its regional offices now report to the provincial directorates of public prosecutions.
It has been split into two, one section dealing with complex commercial-crime cases and the other with “run-of-the mill” cases and general litigation.
Sources complained that the restructuring was ill-conceived and had placed a heavy burden on those responsible for general litigation because there were too few staff.
‘Why has it been split?’
“It’s a practical question. Why was the commercial crime unit not left alone? Why has it been split?” said an official close to the developments, who asked not to be named. “If it’s not broken, why fix it?”
Jordaan has been moved to the NPA’s Pretoria offices and has apparently been unofficially told that he will now be the national coordinator of commercial crime. But sources said he no longer has contact with the unit.
The Mail & Guardian has also learned that Simelane has told Hofmeyr to choose between heading the AFU or the SIU.
NPA sources said they felt Simelane was hell-bent on purging senior managers and implementing restructuring plans at breakneck speed. They described him as a “terrible manager” who had been dogged by controversy since President Jacob Zuma appointed him in December and expressed grave concern about the motivation for the restructuring.
Worries about his leadership peaked in March after he ordered the AFU not to try to seize millions of rands in alleged bribes from arms multinational BAE Systems, held offshore by arms-deal kingpin Fana Hlongwane.
Three weeks ago opposition parties raised strong objections to a five-year NPA strategic plan tabled in Parliament. The plan stated that the AFU had been disbanded and was included as a division in the regional offices.
This week Simelane told the M&G the clause in the “draft strategic plan was an unfortunate drafting error”.
On why he had not consulted Radebe, he said the document had not been finalised.
‘NPA needs to transform itself’
Questioned on the purpose of restructuring, he said: “Your questions seem to suggest that the NPA is fully transformed and therefore there is no longer a need. The idea is furtherest from the truth. To reiterate—the NPA needs to transform itself to meet the needs of society in contributing to the criminal justice system, with a view of enhancing public confidence.
“The structure is being streamlined to ensure a focus on core functions, with experienced prosecutors utilised in the delivery of core services. The aim is to show significant improvement to service delivery.”
Radebe’s spokesperson, Tlali Tlali, said Simelane had explained to the minister that he told Parliament’s justice committee that the strategic plan still needed ministerial approval.
“The minister accepted the national director of public prosecution’s explanation and the bringing of disciplinary proceedings did not arise,” he said.
But sources said there was “guerrilla warfare” at the NPA. Manie de Clercq of the Public Servants’ Association said plans to redeploy three senior NPA advocates appeared to have been put on hold.
“But we haven’t received anything in writing from NPA to say it has withdrawn the redeployments, so we’ll still go through the process of conciliation,” said De Clercq.
Who would have an issue?
South Africa has won international recognition for the way it has implemented the forfeiture of proceeds from crime, so well-placed criminal justice sources insist that there must be hidden agendas behind the “bizarre” schemes to close the old Asset Forfeiture Unit.
AFU figures for 2009-2010 show:
The value of new restraints—orders for the freezing of physical assets and cash—was R491-million;
The value of confiscation or forfeiture orders was R184,7-million;
The value of deposits into the criminal assets recovery account was R51,7-million; and
Orders in favour of the victims of crime amounted to R52,3-million.
The AFU has been involved in many high-profile cases, including:
The David King tax fraud case, in which court orders were secured in the United Kingdom and Guernsey to freeze accounts of millions of rands that King allegedly removed from South Africa;
The Jabulani Mabaso corruption case, in which assets of R191-million were frozen. The state alleges he defrauded the KwaZulu-Natal education department of R200-million; and
The Schabir Shaik graft case, in which assets of R41-million were frozen.
Source: Mail & Guardian
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
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
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
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