April / May 2014 Khasho

Ensuring prosecutions without fear, favour or prejudice

First Muti From Khumalo’s Ukuthwala murderer protector to killer case in WC sentenced predator sentenced Contents Letter from the Letter from the 2 Ms Bulelwa Makeke Managing Editor Managing Editor Chief Director: Communications Letter from the NDPP 3 Letter from the CEO 4 Stepdaughter subjected The use of social media tools in about their expectations and experiences 5 to eight months of hell governments around the world has on the programme. We look forward to been gaining acceptance as part of the From protector to meeting all the Aspirants and judging from 6 information dissemination and public predator the visits we’ve already done, this is one education arsenal and the South African of the most exciting projects that we’ve Ficksburg muti government has not been left behind murderer sentenced to 7 undertaken and it is such a wonderful in this development. This provides an Life Imprisonment experience meeting each and every one opportunity for two-way communication of the Aspirants. Harshest sentence in between government and citizens, The Oscar Pistorius trial is certainly putting South Africa in the first partners and stakeholders thereby 8 the prosecution profession in focus, and Ukuthwala case in the increasing the frequency and speed of Western Cape as we say, prosecutions is now the new engagement. We are thrilled to see the sexy. The NPA communication mailbox Vryheid man sentenced NPA Facebook page growing in leaps and 9 has been inundated with messages of to 125 years for bounds. We have started to experience support and from the public from across Supermarket killers large volumes of people interacting with the globe since the trial started. We sentenced to life 10 us on the page. We urge you to join our have also received hundreds of enquiries imprisonment page, if you haven’t yet (The National from interested students and aspiring She still had a life ahead Prosecuting Authority of South Africa) 11 prosecutors who express their interest of her as a teenager The NPA participated in the Royal Show in in joining the profession. This exposure Meet Michael Pietermaritzburg and like in previous years, is very pleasing in that it has brought Mabunda Director of our exhibition stand was awarded a gold to sharp focus the calibre and quality of Administration in the 13 medal. Winning a medal means we have the prosecutors we have, and it can sure DPP North Gauteng achieved over 80% for service excellence serve as motivation for younger, up and office and overall look of our exhibition stand. coming prosecutors as to the expected NPA Interns 2013/14 14 Well done to all who made it possible, levels of skill and finesse that will keep particularly the KZN staff and aspirants for Know your library 15 the NPA ahead of its game. making the NPA brand stand out at the Right next to the hall where Oscar Pistorius Operation clean audit 17 Royal Show. trial is taking place in the Pretoria High Reverend Banzana’s nd On the 2 of May the NPA welcomed a Court there was equally another intriguing corrupt gifts forfeited to 18 new group of Aspirant Prosecutors into the state case where a young lady also died in the its fold. We have embarked on a journey hands of her boyfriend and her name is Stepmom killer jailed to document the Aspirant Prosecutor 20 Zanele Khumalo. This edition of Khasho for life Programme in the form of a DVD, which brings you the details of the events that we will use to market the programme, led to the gruesome of this young especially when we visit universities lady and how justice was delivered to the for recruitment drives. As part of this alleged murderer. programme, we have started visiting We hope you enjoy going through the the current aspirants and those who variety of articles in this edition. Till next have recently completed the programme time. across the country, to capture their views 2

Ensuring prosecutions without fear, favour or prejudice Letter from the

NDPP Mr Mxolisi Nxasana NDPP NPA News April/May 2014 April/May News NPA

The rate of attrition among prosecutors so that we are aware of our limitations and saddens me as it constitutes a great loss to the boundaries. organisation. The tragic and gruesome loss of There are officials who provide the media with Mr Louis Heunis, who was a prosecutor in the false information and unfounded allegations Northern Cape DPP office left us all in shock. Our about other NPA members. This unsavoury sincere condolences go to all those families that practice must stop immediately. If anyone, for have lost their loved ones recently. Our thoughts any reason, is aggrieved with their employment and prayers also go to the family, friends and agreement, due process should be followed. colleagues of Mr Danny Kubai, a prosecutor based at the Protea Magistrates Court who was I congratulate all prosecutors for the manner in ferociously assaulted, robbed of his property and which they have handled NPA high profile cases. left for dead. It makes us proud and restores the confidence in this organisation. The NPA prides itself with The political tolerance that was displayed during a wealth of expertise and my wish is that every election campaigns is noteworthy. All South prosecutor should be afforded the opportunity to Africans must be applauded for the manner in display their skills, knowledge and expertise. which they conducted themselves. The NPA, through its participation in the joint security The performance by the Lower and High courts forces, called the NatJoints, played a pivotal role has been impressive, but the need to do better in ensuring that the elections went off smoothly. still exists. My special thanks to Corporate Coordinators and prosecutors were on standby Services, for providing the support to prosecutors to assist in any eventuality that may have arisen. that enables them to execute their duties in the manner in which they do. The scourge of violence and crimes against women and children cannot go on unabated. We have not achieved all annual targets that were It must be completely rooted out from our outlined in the Annual Performance Plan but communities. We reaffirm our commitment to concerted efforts were made by all prosecutors bring to book, all perpetrators of violence against to ensure an improved performance, despite the these vulnerable groups. Communities have a challenges experienced by the courts. significant role to play and are urged to report The time has arrived once again, where we are these crimes so that they may be dealt with required as the organisation, to submit our annual speedily and obliterated from society. performance to the Auditor General. I thank all Crimes committed during service delivery officials who have worked hard to produce a protests are on the increase. While we report which will hopefully be unqualified. acknowledge the rights of members of the public Let me welcome our new Minister, Michael to demonstrate within certain boundaries, every Masutha and also promise that we will all give him effort will be made to bring the crimes under the our support. I also thank Minister Jeff Radebe, guise of service delivery to book. SC and his Director General, Ms Nonkululeko I reiterate my call to the officials to familiarise Sindane for fostering good work relations with themselves with the NPA policies and directives us in the NPA during his tenure. 3

Ensuring prosecutions without fear, favour or prejudice Letter from the CEO

Ms Karen van Rensburg CEO NPA News April/May 2014 April/May News NPA

I acknowledge the leadership of the The daunting task of completing Deputy CEO, Ambassador Sisulu, the Annual Report, including Annual who was left at the helm of Corporate Financial Statements is upon us once Services (CS) during my three weeks again. We rely on you to get this work of absence in April. My sincere done and I thank those that provided appreciation to all who supported us with required information on time. I her in ensuring that service delivery thank the team that continues to work to the prosecutors continued, in an tirelessly to ensure that we put together uninterrupted manner. a cutting edge document that mirrors the organisation’s state of affairs and The 2013/14 financial year ended on financial statements of the previous a high note as far as expenditure is fiscal year. concerned. We were able to once again spend 100 percent of the budget. This The auditing period is continuing in was achieved through the commitment earnest and this is a busy time when and efforts of all staff. I pride myself much is asked of people. I urge you to on a good team that supports me - a exercise patience whilst you deal with winning team of highly professional the auditors and provide the assistance individuals driven by their commitment that is required of you. I reiterate my to the organisation. previous position on the attainment of a clean audit. As we discharge our During the new financial year, the daily duties, we must be prudent in our formula and the approach will remain actions and remember that governance unchanged. We are committed to is at the centre of a clean audit. continue with our quest to keep our prosecutors satisfied and endeavor to I call upon all staff to be familiar with improve on the quality of service that the Public Service Regulations and we discharge. abide by it. In particular, refer to office hours which is not being complied The 2014/15 Annual Performance Plans with by everyone. Non-compliance (APP) are signed off. This year’s APPs to regulations and policies is not in are a continuation of the strategic keeping with the NPA values which direction embarked on by the NPA must be upheld at all times. I also with refined measures and targets. take this opportunity to remind you to Most importantly, the implementation be vigilant with your salary payments. of these plans will involve personal Any discrepancy in your salary must be sacrifice together with the actualisation reported to the Finance office as soon of best management practices, with as it occurs, otherwise you will find the ultimate goal of achieving these yourself liable for repayments. 4 targets.

Ensuring prosecutions without fear, favour or prejudice Stepdaughter subjected to eight months of hell Frank Lesenyego

A 46 year old man was sentenced to life imprisonment in the Lehurutshe Magistrate Court for the rape of his 12 year old stepdaughter. The girl was subjected to his reprehensible behaviour for almost eight months before he was caught, attempting to rape the child. He was finally reported to the police and was arrested.

The court heard that Thekiso Morake was NPA Performance April/May 2014 April/May Performance NPA 43 years old, at the time of the offence, and sexually raped his 12 year old stepdaughter when her mother was at work. It is alleged that he demanded that return immediately after school to her home and threatened to tell her mother if she failed to do so. The victim was afraid of her mother, whom she testified was an abusive woman. Mr Mashudu Muliwa The child was referred to the Court Preparation KHASHO asked Mashudu Muliwa, the State session and was later referred for counselling Prosecutor, some questions about the case. by the Court Preparation Officer. How do you feel that this case is now During consultation process, the mother finalised? denied giving a statement to the police and also denied being present when the child told I am relieved and happy that justice has been the family about her traumatic experience. served. This has greatly assisted the victim to move on with her life. The Prosecutor then made an application for a trial within a trial. During the cross examination What was your position during the trial? of the mother by the prosecutor, the mother I took strain because of the breakdown in confirmed that she gave her statement the relationship between the mother and the voluntarily, which corroborated the evidence daughter. It was very challenging but I had to of the child. The mother lied to protect her constantly encourage the victim to give her boyfriend at the expense of her child. side of the story. The NPA welcomed the judgement. Because Any lessons learnt as you move forward to the sentence will serve as a deterrent to deal with other cases? perpetrators who intend to commit this type of barbaric crime It is important that all the relevant stakeholders are involved in dealing with these types of KHASHO asked Mashudu Muliwa, the State cases. It is also crucial not allow your emotions Prosecutor, some questions about the case. to override your judgement.

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Ensuring prosecutions without fear, favour or prejudice From protector to predator Phindi Louw

In passing sentence on the rape accused, Mokolo Karpos Molekoa, aged 38 in the South Gauteng High Court on 24 January 2014, Judge Mabuse said that this was “an embarrassment to the State”. Malekoa, who was a Randburg police official turned out to be a . He was sentenced to five life terms and 284 years imprisonment. By virtue of being a policeman, Molekoa was placed in a position of trust to protect the members of the public. He abused

NPA Performance April/May 2014 April/May Performance NPA his position, using his police uniform which symbolises protection and safety, to lure his Adv Lwazi Ngodwana, prosecutor South Gauteng High victims into the predator’s den. Court

Mokolo Karpos Molekoa was charged for Labuschagne, a clinical psychologist to profile 47 counts ranging from rape, robbery and the accused, conduct linkage analysis and to kidnapping. All the crimes were committed testify in court in this regard. There were many between 2011 and 2012 around Randburg, challenges during this trail. “Dealing with rape Tembisa, Ivory Park and Olifantsfontein. cases is always a difficult assignment. In this An investigation into two rape cases unlocked case, the media reports about the and the mystery and linked the policeman to other exposing the accused, even before a formal unresolved cases. The investigating officer identification parade was held, frightened most brought a few dockets from Randburg and the of the witnesses and added to my burden”, surrounding areas to the office of the Director recalled Adv Ngodwana. of Public Prosecutions in South Gauteng. After lengthy consultations and reaching a As it often happens, the investigations were common understanding with the complainants, incomplete and the prosecutor had to guide the they were taken through the layout of the investigations to establish the link between the court, the entire court process and what was accused and other similar crimes committed. expected of them as witnesses in a court of The case docket was queried with a view of law. One complainant passed away just before conducting DNA analyses and identification the commencement of trial. The State relied on parades. The DNA results came back positive Section 3(1)(C) of Act 45 of 1988 (Admissibility and in few case dockets, the accused was of Hearsay Evidence in terms of Section 3(1)(C) positively identified by the victims. of Act 45 of 1988) in presenting her evidence, After drafting the indictment, and upon receiving the medical evidence and the first report in the positive DNA results from the laboratory, a proving the state’s case on this count. number of dockets were forwarded to the office With the experience that Adv Ngodwana of the prosecutor for further screening. Upon acquired from the Regional Court of Port assessing the facts, Adv Lwazi Ngodwana Elizabeth where he dealt with cases of this established circumstances and trends, clearly nature, the victims were victorious. “Finally indicative of one offender (the accused).The I believe that we must all play our part in indictment had to be amended to include case eliminating the scourge of gender based dockets from different police stations around violence by prioritising cases of this nature at Randburg. all costs” he said. The modus operandi was the same and the The sentence passed on the accused state relied heavily on similar fact evidence. vindicated the victims and brought finality to a Adv Ngodwana requested Professor painful chapter in their lives. 6

Ensuring prosecutions without fear, favour or prejudice Ficksburg muti murderer sentenced to Life Imprisonment Phaladi Shuping

A 33-year-old man from Ficksburg was her nails, eyes and tongue. Ramakatsa’s wife sentenced to life imprisonment in the Free and mother-in-law turned state witnesses. State High Court after he was convicted of Ramakatsa was also charged for the murder of killing two women. Tebogo David Ramakatsa Nthati Alice Mothoko who was killed in 2009 and was found guilty of two counts of murder, two her body parts were harvested to make muti. counts of robbery and one of . Mothoko was lured to her death by Modise Judge Corne Van Zyl sentenced him to life who suggested that they go to Johannesburg imprisonment for each count of murder, seven to buy some clothes for resale in Ficksburg, as years for each count of robbery and four years a way of getting her to an isolated place and for sexual assault. The sentences will run

killing her. Mothoko was also robbed of her cell 2014 April/May Performance NPA concurrently. phone. Since no one came forward to identify Ramakatsa was linked to the murder of her body, Mothoko was given a pauper’s burial. Malintle Anastacia Qothelo, aged 30, from However, the death of Qothelo convinced the Lesotho, through phone records that showed police that the two deceased could have been that he called the family of the victim from murdered by the same person. They exhumed the vicinity where she was murdered. Warrant her body and her identity was established. Officer Koos Muller, who arrested Ramakatsa, Ramakatsa was charged with six other men told the court that investigations showed that who were found not guilty by the court. Ramakatsa’s call to Lesotho was made from near the crime scene as it was picked by a Commentary by Adv Jannie Botha nearby mobile phone booster. He phoned the The biggest challenges that the prosecution family to inform them that Qothelo had arrived faced in this matter was that there were safely in Ficksburg yet her body was lying no eyewitnesses and that the body of Alice lifeless after being murdered for muti. Mothoko was identified two years after the Ramakatsa, together with his wife, Lorraine crime was committed. It was therefore difficult Modise and mother-in-law, were allegedly part for the police to follow leads. of a syndicate that was under investigation for Fortunately one of the accused, Lorraine allegedly selling South African identification Modise who is Ramakatsa’s wife, assisted the books to Lesotho citizens at the Ficksburg police through the statement that she made. border. The police followed the leads that emanated A traditional healer had allegedly told the from her statement, and found the clothing members of the syndicate that in order to and other property belonging to the deceased make the investigation “disappear”, they had in possession of the accused. to find a pregnant woman and remove the In order to prove our case, we had to turn the wife foetus while she was still alive. When they and mother-in-law of the accused into Section could not find a pregnant woman in Ficksburg, 204 witnesses. They were however, atrocious they decided to go to Lesotho. They lured in the witness box. Inconsistencies in their Qothelo to South Africa after they claimed that testimonies resulted in the State conceding they could organise a South African identity that they did not prove the involvement of the document for her. other accused in these matters. Qothelo, who was pregnant at the time of the The six accused were consequently acquitted killing, had her belly ripped open while she was on all charges. still alive because her killers wanted to take her foetus for muti purposes. They also removed

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Ensuring prosecutions without fear, favour or prejudice Harshest sentence in South Africa in the first Ukuthwala case in the Western Cape Eric Ntabazalila

Mvumeleni Jezile was handed down the harshest In November 2013, Jezile was convicted. During sentence that that the NPA has secured in the the trial, Jezile never showed any remorse nor country. He was convicted in the first ukuthwala case took responsibility for the ordeal the young girl in the Western Cape and was sentenced to 22 years was subjected to. He persisted throughout the trial imprisonment. This case was the second successful that the girl was a willing partner who gave her full prosecution in a in the province. consent. He blamed religion, tradition and the young In 2011, the Lusikisiki Regional Court sentences an girl but never himself. At one time during the trial, he accused person to seven years for human traffic described her as cheeky, disobedient and a fake. which was the highest sentence handed in South In aggravation of sentence, prosecutor Ms Deidre Africa before Jezile’s sentence. Rossouw asked the court to sentence Jezile to life Jezile was convicted on three counts of raping a 14 imprisonment. She argued that the young girl was

NPA Performance April/May 2014 April/May Performance NPA year old girl, trafficking for sexual purposes, assault angry with her family and felt betrayed by them with intent to do grievous bodily harm and assault for forcing her to marry a stranger and an old man. common. Rossouw added that the trauma the young girl experienced will remain with her for the rest of her The ordeal for the 14 year old girl from Gqaba Location life. in Mbabakazi Section, Ngcobo, in the Eastern Cape started on January 2010, after her uncle sent her to buy him cigarettes. Strange men grabbed her and Commentary by Ms Deidre Rossouw took her to a strange house where she was told that Rossouw summarised the she was an umakoti to a stranger who was twice her impact on the young girl: age. The next day she learnt that R8 000 was paid to her uncle and her grandmother as lobola and that • She suffers from the marriage was concluded through the ukuthwala insomnia and when she custom where the complainant’s grandmother and eventually sleeps, she is her uncle entered into negotiations with the family haunted by nightmares of the accused. Neither the consent of the teenager • She is not on par with nor her mother was sought before the marriage was her peers in class; concluded and she was handed over to the accused. she cries easily when The Grade 7 learner made it clear to her grandmother, recalling the events and uncle and would be husband that she was more has flashbacks interested in her studies and vehemently objected • She fears males, including her own male family to the marriage. members and feels they cannot be trusted. Her The ‘strange man’ started demanding sexual fear is compounded by the fact that her own intercourse. The young girl was subjected to assault uncle forcibly married her off whenever he demanded sexual intercourse and she • She is fearful of sexual intercourse as a result of refused. He then took her to Philippi in Cape Town her rape and assault where his brother lived. After arriving in Philippi, the • She has become reclusive and spends most of demands for sexual intercourse continued and the her time indoors beatings became more severe and finally escalating to rape. The young girl was continuously raped. In • She has intense feelings of anger towards Jezile one incident, the brother of the accused held her for the suffering she had to endure and wanted arms down while the accused raped the 14 year old him imprisoned for life girl. • She is moody, angry and defiant at home and at In Philippi, the 14 year old girl was kept locked inside times uncontrollable. a shack as the accused feared she would flee. A few The mother of the young girl feels helpless and at days later, she asked the wife of accused brother not times blames herself for not being able to protect lock the burglar gate of the shack that she was locked her young girl. It needs to be pointed out that at the in, as she wanted to do her washing. She managed time of the , the mother was not at to escape by jumping over the fence and took a local home as she was at work far from home. In court taxi to the police station and reported the matter. The she expressed feelings of hatred towards Jezile and police contacted her mother and Jezile was arrested. her own brother who negotiated the forced marriage in her absence. 8

Ensuring prosecutions without fear, favour or prejudice Vryheid man sentenced to 125 years for rape Natasha Ramkisson-Kara

In 2010, a 23 year old man, Mzothule Sizwe of offence. This young girl was unique. She was Gabela from Vryheid raped a girl from his well prepared. I had worked with her for a long neighbourhood for almost eight month. He time. She is a chubby little girl with doe eyes would accost the girl as she was on her way and she stood like a rock. I am proud of her. to either her home, the shop or on her way to The rapes occurred over a period of eight school, drag her into his house or the bushes months period and was not reported and rape her. He threatened to cut off her neck immediately. What evidence did you rely on if she reported the rapes to anyone. to get this conviction? Eventually, one of the neighbourhood children I relied on the girl’s evidence as well as the

asked her what was going on and she was 2014 April/May Performance NPA medical evidence. She was just so thoroughly overheard by an aunt whilst relaying the story believable. It was difficult because due to the to the child. The aunt told her parents and a passing of time, crucial witnesses had died, visit to the doctor confirmed that she had been etc. but this little girl stood her ground. raped. How do you feel about this sentence? In mid-February 2014, Gabela was sentenced to five life sentences, amounting to an effective I feel that the sentence is justified. He accosted 125 years imprisonment. The Presiding Officer, the victim on multiple occasions, threatened Mr LB Phoswa ordered that the sentences run to kill her and tried to mislead the court. He concurrently. showed no remorse. We need to protect our mothers, daughters and sisters against people Mrs Dibi Symington, a prosecutor who worked like him. He chose to do this. He brutally took for the past 16 years at the Vryheid Magistrates away her innocence and ostracised her from Court prosecuted Gabela. Khasho spoke to her her peers. For example, she will never be able about this matter. to participate in the reed dance through no fault of her own. Commentary by Ms Dibi Symington Were there any pertinent comments made by the Magistrate? The Magistrate had much to say about the young men who like Gabela prey on innocent victims such as this one. He viewed it as a shame. He commented that these men shame their communities, peers and country. He also took into consideration the accused lack of remorse as an aggravating factor. Are there any further comments from your side? Personally, I feel that people need to understand How does this case differ from other child that there is absolutely no justification for child rape cases that you have prosecuted? rape. In the absence of mental illness, the This case does not differ much. There are way offence never happens by accident. too many children who are victims of this type

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Ensuring prosecutions without fear, favour or prejudice Supermarket killers sentenced to life imprisonment Phaladi Shuping

Two men who killed a police officer during a A shoot-out ensued and Sergeant Mokhasi was robbery that took place on 8 January 2013 at shot dead. One of the robbers shot him again Mi-Ning supermarket in Ipopeng Township, at point blank and took his firearm. The robbers Bloemfontein, have been sentenced to life flee with about R30 000 and cellphones. imprisonment on 9 April 2014 after they were Police reinforcement was called and the police convicted of two counts of murder and robbery hunted the robbers. One robber was cornered with aggravating circumstances by the Free but refused to surrender and was shot dead by State High Court. the police. Three of the robbers were arrested. Acting Judge Sesele sentenced Motlatsi The other one evaded the police and is still on Namane, 29 and Thabo Mapuru, 26, both from the run. NPA Performance April/May 2014 April/May Performance NPA Lesotho, to life imprisonment for murder of State Prosecutor, Adv Moipone Moroka, Sergeant Ephraim Mokhasi. They were also argued in court that the accused should be held accountable for murder of their partner held accountable for the murder of their in crime, Thabo Marabe who was shot dead accomplice who was killed by the police based by the police during the shoot-out. They also on a doctrine of common purpose. received another 15 years imprisonment each for robbery with aggravating circumstances Acting Judge Sesele was convinced that the while Mampuru was slapped with a further five state has proved the doctrine of common year imprisonment for unlawful possession of purpose and sentenced the two accused to life firearm and three years for unlawful possession imprisonment for murder of Marabe. of ammunition. “The accused should have foreseen that a The court heard that the two accused were shoot-out may ensue, but they were willing to part of a group of five men who planned to rob shoot their way out. They should have foreseen the supermarket on 8 January last year. They that in the process of this robbery they may first went to the shop to assess the situation. encounter resistance. I am convinced that When they arrived, three of them went into the state has proved the doctrine of common the shop while the other two stayed outside. purpose and therefore, the accused should They found out that there are cameras in the be held accountable for murder of their supermarket and it is busy at there are many accomplice.” said the Judge. customers. They concluded that they would The Judge ordered that the sentences will need more weapons and a second getaway run concurrently making their sentence an car and left. effective life imprisonment. Later that day, the five men came back to the The third accused, Louis Mphou, pleaded guilty supermarket, two of them carrying firearms. last year and was sentenced to 20 years in They entered the supermarket and pointed prison by the Bloemfontein Magistrate’s court. firearms at the customers and employees. All Killing of men and women in blue has reached the people were taken to the back of the shop. an alarming rate and has become a national One of the robbers went outside to keep watch crisis. The deceased in one of the murder and prevented people from entering the shop. counts was a police officer who was shot A police vehicle arrived at the shop while during the execution of his duty in full police robbery was in progress. Two police officers uniform and was robbed of his firearm in the got out and approached the shop. The robbers process. started shooting at them and they returned fire.

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Ensuring prosecutions without fear, favour or prejudice Commentary by Adv Moipone The deceased’s wife was absent throughout Moroka the whole proceedings due to the trauma this I feel very relieved whole incident brought to her and her family. I that ultimately justice managed to persuade her to come to testify on has been done. It aggravation of sentence on the impact that the felt like the whole of deceased’s death had on her family. the SAPS family was I have learnt that thorough preparation and relying on me to bring research play a vital role in every case that the perpetrators to is in the hands of a prosecutor. Cooperation book. between investigating officer and the The accused were very difficult to handle witnesses is also very important. amid overwhelming evidence against them. There was doubt whether a conviction based Their faces were slightly depicted on the on the second murder count is in order as the video footage that was played and there was deceased was one of the robbers who was evidence from one of their own, who was shot by police, a distance from the scene of earlier convicted. He was linking them to the the crime. I managed to persuade the court 2014 April/May Performance NPA crime but they were steadfast that they were that the doctrine of common purpose applies, not around the scene of crime. The State had although leave to appeal was granted on the to prove each and every aspect of this case. ground. However, I am convinced that no other court will come to a different conclusion

She still had a life ahead of her as a teenager Medupe Simasiku

On 15 November 2013, a 26 year old man, Thato deceased denied him access. He waited until Kutumela was found guilty in the Pretoria High the gates were opened for a car that arrived Court on various charges, including the murder and slipped in. and rape of 18 year old Zanele Khumalo, who He managed to gain access into the house, was expecting his child at the time of her raped and strangled the deceased, and took death. Zanele was found dead at her parents’ her underwear, gown and slippers and put home in Garsfontein – Villa Dine Complex, them in his back-pack. He placed the deceased Pretoria East, in April 2011. on her bed, face down and covered her in a On the night of 20 April 2011 and into the blanket, put her cell-phone on silent, erased all early hours of 21 April 2011, a total of 19 calls the data on it from 20-21 April 2011 and threw were made between the accused and the it under her bed. He left the complex at about deceased. Several of these calls were made 10h30, changing his disguise Once again, he from the accused to the deceased. When waited for someone to open the gate and then the deceased failed to answer the last three left the complex. calls made by him, the accused went to her He then went to his place of work at home in Garsfontein on the morning of the Woolworths in Lynnwood Bridge, a 30 minute 21st April 2011 at about 7h00. He disguised trip by taxi. He told the security officer at the himself in a blue two-piece overall, a cap and staff entrance that he was late because he was carried an empty back-pack. When he arrived not feeling well and that he had been to see at the complex and pressed the intercom, the

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Ensuring prosecutions without fear, favour or prejudice a doctor. He falsified the attendance register, justifying a departure from the prescribed life indicating that he had arrived at 9h02, when sentence: the person before him arrived at 09h50. • That the accused is 28 years old and thus The court found that Kutumela was extremely still young. He can still be rehabilitated by possessive and over bearing in his relationship receiving psychological treatment. with Zanele. He also had a temper and the • That he showed concern for the deceased thought of losing Khumalo had frightened him. by visiting her at hospital and intended to In sentencing, Judge Johan Kruger said that: give her money for sonar on the day of the “violent crime must be dealt with in ways that incident. will serve as a deterrent to criminals.” He said • That there was no sign of extreme violence that the reports of both the psychologist and on the deceased. the social worker were “helpful and each in its own way” • That the accused had a troubled childhood, losing a grandfather whom he was close to, The state presented, inter alia, evidence of cell- his father was absent during his upbringing, phone records that indicated that the accused he had a poor work record, he developed

NPA Performance April/May 2014 April/May Performance NPA was in the vicinity of the deceased’s house and mood swings and temper outbursts. the length of his stay there. This was picked up by the base stations in the area and on his way He was granted leave to appeal his conviction to work. The evidence of a data analyst from to the Full Bench of the Gauteng Division, the War Room of the police, who analysed the Pretoria but his application for bail was refused. allincoming and outgoing calls on the phone He has thus commenced serving his 20-year of thedeceased, indicated that data of all calls sentence. on thenight before the incident was erased but they managed to retrieve it. The forensic evidence coincided with the state’s version Commentary by Adv George Baloyi that the incident happened between 10h00 The highlight of the case for me was leading and 11h00. the evidence of two unassuming and There were small bruise marks on either side unsophisticated of the neck and an underlying a bleeding of tilers who were the carotid bodies. The pathologist conducted looking for piece a bloodless dissection, which revealed a jobs at a Tile haemorrhaging of the strap muscles (the Warehouse across Omohoid, Sternohoid and thyrohoid), indicating the entrance of the that pressure/squeezing was applied on the deceased complex, neck, causing reflux of the heart and thereby who saw the accused entering and leaving the slowing the heart rate, resulting in acute complex. Instinct also kicked in and I decided neurogenic cardiac arrest. The cause of death to phone the first number that the accused was manual strangulation. called when he emerged from the deceased’s On 28 March 2014, the accused was sentenced house, which turned out to be a colleague of to 20 years imprisonment for murder, 10 years the accused. She testified that the accused for rape and six months for theft, all to be called her in the morning at about 07h00 to say served concurrently. that he was going to be late for work as he The defence led the evidence of a clinical was not feeling well and was going to consult psychologist in mitigation of sentence and the a doctor, which points to premeditationon the state, through Advocate George Baloyi, led the part of the accused. He called her again at evidence of a probation officer in aggravation 10h35 to say that he was on his way to work, of sentence. The court found that the following which contradicts his version that he was at personal circumstances of the accused, which work at that time. was agreed upon by both experts, constituted substantial and compelling circumstances, 12

Ensuring prosecutions without fear, favour or prejudice Meet Michael Mabunda Director of Administration in the DPP North Gauteng office delivery will ordinarily be directed to the office of the Director: Administrations. You have a staff complement of over 700 people, how do you cope with their requests/needs? The issue of staff complement within the Division used to be a very difficult matter to manage, especially during the implementation 2014 April/May News NPA of the first phase of the delegation of authorities by the accounting officer. During this period, my function as the Director: Administration was quite demanding as the responsibilities to approve leave forms and trip authority was only delegated to me as the Director Administration. Difficult as it was, I had no choice but to work extra hours and to How would you describe your development work over the weekends. As of now, the issue within NPA? of staff complement is managed by means I joined the NPA in 2007. During that period, of communicating all queries to the offices the provision of services to our clients was of the Chief Prosecutors and if necessary, to quite challenging due to the high vacancy the offices of Senior Public Prosecutors. The rate. To succeed, I had to perform both the quarterly Senior Management meetings which management and operational work of the DPP are attended by all Chief Prosecutors is also Office. However, my involvement in operational used as a vehicle for addressing administrative work made it easier for me to understand the queries and for implementing new procedures working environment of the NPA. and processes. What is your role in the DPP North Gauteng What are the most challenging aspects office? of your duties and how do you overcome My role is to ensure that the legal component them? at the DPP and at the cluster level are provided The major challenge is failure to comply with with essential services which are necessary for NPA policies and procedures which may result their day to day operations. It is also important in audit queries. The monthly and quarterly to account on how such services were management meeting which are chaired by provided. This can be achieved by maintaining the DPP are used to predominantly address proper records of processed transactions. matters of non-compliance in time and Do you believe that directors of diligently. administration are making their presence You work with people scattered in three felt in running the NPA? provinces, what is the best strategy Directors of Administration are stationed employed to ensure that they receive equal at the various offices of the Directors of attention, despite the distances from the Public Prosecutions where the budget is DPP? implemented and the entire administration of The DPP North Gauteng is indeed the biggest the region takes place. They are stationed at region of the NPA. The issue of distance is not a the coal face of service delivery hence they serious concern, as we have regular meetings become the entry point on all matters relating with Chief Prosecutors. Chief Prosecutors to delivery of services to the core - component are in close contact with the staff and usually of the NPA. All queries relating to service present their issues at the management 13

Ensuring prosecutions without fear, favour or prejudice meeting for us to address. I also prepare resources required for the achievement of the presentations for discussions at management government`s key priorities. meetings. Apart from management meeting, Where do you see the NPA in the next ten urgent matters faced by staff members are years? communicated through emails, faxes and telephones The implementation of the Superior Court Act is a step in the right direction. The How do you see yourself contributing establishments of the new high courts will towards government’s five key priorities? without any doubt, improve service delivery My role as the Director: Administration is to to customers. Decentralisation of corporate ensure that the legal component is adequately services functions to provinces should also supported with creating an enabling be investigated and implemented as it will environment and providing the necessary improve our efficiency and effectiveness.

NPA News April/May 2014 April/May News NPA NPA Interns 2013/14 Participants from the 2013 Internship Programme at the end of their contract share some of their experiences at the NPA. This is what they had to say:

The journey at the NPA has come to an end but the lessons learnt will always remain. My appreciation to the Communications team for empowering with skills and giving me workplace experience. I know that the knowledge that I have acquired will enable me to perform and achieve high standards for success. Simphiwe Mdlalose – Communications My experience at the NPA within the OD directorate was a very good learning curve; I learnt a great deal about OD and look forward to using the knowledge and skills that I have acquired here. Thank you and God Bless, Relebogile Mashishi – Organisational Development

The NPA exposed me to the world of work and has given me real life and work experience, Lebotsa Manamela – IMS

My NPA experience was great; it exposed me to different aspects that I will need to build a successful careeer going forward, Joseph Mchari – IMU

My experience was great; the management and employees were supportive and willing to give advice and motivating us in ways to further develop our careers. Thank you NPA, Thulile Mtshiza – ISM

NPA Interns 2013/14 14

Ensuring prosecutions without fear, favour or prejudice Know your library Sibongile Mogale

The Library is a sub-directorate of the When this occurs, the NPA will migrate to Information and Systems Management Service the Internet platform. This is dependent on Centre (ISM). bandwidth which the ISM is currently in the process of testing and monitoring in terms of Records Management and Library its impact. The access will be seamless and encompasses the following: users will be unaware when they exit the NPA • Setting up of a holistic library and environment. information service by incorporating the Library books 2014 April/May News NPA newly established and existing libraries to function as a single library service to • The library collects and supplies information NPA staff. This was done by implementing and books that are relevant and supportive a library system that binds all libraries, of the core functions of the NPA. The main growing the collections, ensuring that the focus however, remains on legal material. latest information is available and providing The collections are divided into reference all prosecutorial staff with books that will works such as law reports, statutes, enable them to prosecute successfully. encyclopaedias and dictionaries that may • Establishment of a Library Forum in order not be loaned from the library. Although the to manage the activities in all 18 libraries journal collection is not strictly a reference throughout the NPA. The Library Forum collection, it is also not allowed out on loan. meets bi-annually to discuss and share All the material that cannot be loaned, is relevant information and continued in- photocopied for use. service training, if required. • Other shelved books may be loaned for 14 • Change in focus from providing information days and the loan is renewable. to ensuring that all books are accounted for since library books were declared as assets • Our last category of books are the books in 2012. This remains the greatest challenge that are allocated to prosecutors and issued as books are highly mobile. out on permanent loans. Services provided by the library: The older editions of the Snyman Criminal law (4th) and the Zeffert SA law of evidence (1st) will Electronic databases be disposed of during this year and replaced The established library and information service with new editions. was modelled as a hybrid library, meaning a The library catalogue is available via the Intranet combination of electronic and printed material. under quick links. By searching this access The motivation for this was based on the fact point, it can be established if a book that you that most books are available in hardcopy and are looking for, is available and in which library remains the preferred form of published usage. is it located. If you are a registered library user, It is a well-known fact that the law changes additional functions can be conducted such as daily, therefore, the NPA library provides renewal of books and editing of your profile. access to up-to-date information, access to The log in identity is a Persal number and the online databases such as LexisNexis, Jutastat pin code, is a 4 digit code generated by the and Sabinet Online. system and available from the library. Nozuko Mdingi, Lindiwe Mogwaneng or any regional These databases are also available on the librarian can be contacted for assistance in this Intranet platform. This platform will be phased regard. out as the development focusses only on the Internet platform. 15

Ensuring prosecutions without fear, favour or prejudice A new exiting development in the law • Lost books that are not reported to the publishing field is the availability of a selection libraries in time. of legal titles as e-books. A pilot will be run to • The managing of books in offices test this version and depending on the feedback and usability of these books, a decision on All library staff are currently in the process of implementation will be taken. The advantage compiling asset sheets for all offices in order of the e-book is that a copy will be loaded onto to ensure that this process is managed. The a laptop which will substitute the hard copy. aim is to have all asset sheets signed off for all offices by June 2014. Inter-library loans Sub-units If a book that is required is not available at any of the the NPA libraries, it can be borrowed The Deputy Director, Ms Nozuko Mdingi, is through an interlibrary loan from any library in responsible for managing the daily operations SA. and main regional support NPA News April/May 2014 April/May News NPA Challenges She is responsible for the following departments: • Ignoring the overdue notices sent out by the library system. This is a tool that the library • Technical services under Mr Buwa Chawuke, uses to monitor the books issued out. As this section is responsible for sourcing new books are assets, we need to know at all library material and the processing and times where the books are. If members allocation of the material upon delivery. of staff receive a notice, do not ignore it • Administrative services under the but contact the library and have the book leadership of Ms Malindi Botha deals with renewed. This assists the management of updating of loose leaf material, reception our collections. desk duties, issuing and return of books and • Books are removed without signing them the overdue notices. Other duties include out, in libraries without librarians. Books stock take, compiling of asset sheets, are assets and must be accounted for at all distribution of material and ensuring that all times library equipment is in working order.

• Updating of loose leaf binders issued to • Information Services - the post has been prosecutors. Currently the libraries are vacant but the process to fill this vacancy faced with the distribution of issue 51 of is underway. This section is responsible the Commentary on the Criminal Procedure for attending to information requests, Act (CPA). This issue includes a third binder, marketing of the library services and the thus expanding the current set of 2 binders delivery of current awareness services.

Head office Library staff 16

Ensuring prosecutions without fear, favour or prejudice “Operation clean audit”

Did you know the non-recovery of salary overpayment may lead to an audit query?

How vigilant are you with your salary month are paid in advance for the remainder overpayment and the debt recovery process of the month. Resignation in the middle of that follows? a month will result in a salary overpayment NPA News April/May 2014 April/May News NPA and a debt will be created. This overpayment Overpayments are not often identified and will be recovered from the official’s pension reported timeously which often results in payment. employees having to pay back large amounts that were wrongfully paid to them by the • Tax debt – Officials whose tax deduction organisation. This may result in an audit query for bonuses are structured to be spread which can adversely impact on the audit over 12 months (recurring), will incur a tax opinion. In order to address this issue, all NPA debt if they resign after the service bonus employees must ensure that any debt that payment and before the end of the tax year. arises as a result of overpayment is reported to The tax debt will be recovered from the the Finance Section in writing, within 30 days official’s pension fund. for recovery. Finance will act in accordance A debt raised by the Debt Section will only be with the approved Debt Management Policy, reversed on instruction from the Unit Head which is available on the intranet, in order to that requested the Debt Section to raise the ensure that all monies owed to the NPA are debt in the first place. recovered timeously from the debtor. Recommendation: The total outstanding debt owed to the NPA as at 31 March 2014 is R8,621 million. This Any official who receives an overpayment from amount includes R5,3 million related to salary the NPA, must contact the Finance Section in overpayments and R1,3 million related to order to avoid a recovery process. bursaries. Officials should engage early in the process Overpayment of salaries is not the only with the relevant section to ensure that means where a debt can arise: matters are not referred to the Debt Section for recovery. After debt matters are referred to • Any misuse of government resources such the State Attorney for recovery in terms of civil as private telephone calls and faxes law, the official will have to engage with the • Losses and damages to government assets State Attorney and may be liable for additional such as laptops and vehicles legal costs.

• No shows on travel arrangements Please remember to confirm outstanding liabilities with the Finance: Debt Section • Salary overpayments – all permanent staff before exiting the services of the NPA in order who receive a salary on the 15 of each to avoid any nasty surprises.

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Ensuring prosecutions without fear, favour or prejudice Reverend Banzana’s corrupt gifts forfeited to the state Tsepo Ndwalaza

The Port Elizabeth (PE) High Court, after separate occasions, during which time MOM reserving on 31 October 2013, handed down Constructions handed guaranteed cheques to judgment effectively forfeiting three motor the Bishop, who in turn made the deposits vehicles worth R1 442 529 and R1 481 840 into his bond account, thereby settling it and paid into Rt. Revd. Banzana’s mortgage bond purchasing the vehicles. The initial BMW 7 account. The Court held that the huge payments Series and a VW Polo were traded in for the made by the Directors of MOM Construction BMW and the 1 Series. The three vehicles have to the Rt. Revd. Banzana, Bishop Ordinary of been in the custody of the appointed curator Umzi Wase Topiya, are proceeds of corruption since their seizure in May 2013.

NPA Performance April/May 2014 April/May Performance NPA and declared that they be forfeited to the State. The AFU argued that these assets are The forfeiture application was brought against proceeds acquired in the commission of the payments by the Asset Forfeiture Unit and corruption and are therefore liable for forfeiture Bishop Banzana was legally represented. The to the State. The Bishop submitted in the Court rejected Mrs Banzana’s claim of half the papers to the court that the assets were ‘gifts’ value of the corrupt payments (in terms of her from the directors of MOM Construction, marriage in community of property). who believed that he deserved it for job well On 30 April 2013, the PE High Court granted done. In response, MOM Construction sued the AFU a preservation order (in terms of the the Bishop alleging that the payments were a Prevention of Organised Crime Act) against loan but did not pursue the civil action due to valuable assets of the Bishop. The Mzingisi monetary constraints. It is significant to note Development Trust, which employed the that the Prevention of Organised Crime Act Bishop as a manager, has been, amongst (POCA) defines, amongst others, gratification others associated with the late Mr Raymond as: money, whether in cash or otherwise or Mhlaba, Canon Xundu, Dr Dilima and Mr Silas any donation, gift, loan, fee, reward, valuable Nkanunu. The trust was established in 1992 as security, property or interest in property of any a charitable organisation that aimed to alleviate description, whether movable or immovable, the suffering of the needy and improve the or any other similar advantage or any valuable standard of living of the PE communities It consideration or benefit of any kind, including employed the Bishop to manage these noble any discount, commission, rebate, bonus, objectives. deduction or percentage.

The mortgaged property refers to the The forfeiture order stems from the warning Bishop’s Italian styled house situated at Erf made by the Specialised Commercial Crimes 1808, Theescombe, Nelson Mandela Bay Unit (SCCU) to the Bishop in March 2013 that Metropolitan Municipality also known as 14 he will face prosecution for the offences. Overdale Street, Threesome, Port Elizabeth Bishop is yet to appear in Court. with an estimated value of R2.5 million. The Court papers reveaedl that from 11 April The vehicles include a grey BMW 7 Series 2008 to 24 March 2009 the Bishop received 750i Sedan Auto with an estimated value of and retained corrupt payments totalling R775 912.29, a silver Nissan Pathfinder R2.9 million from Wetzel Charles Meyers SUV Automatic, with an estimated value and/or Jocelyn Brian Meyers, the Directors of R473 616.51 and a red BMW 1 Series of MOM Construction in return for ensuring Convertible, with an estimated value of that MOM Construction continued to be R193 000. The payments were made on four 18

Ensuring prosecutions without fear, favour or prejudice awarded the tender to build RDP houses in was ever any ‘loan’ agreement entered into Bethelsdorp. The corrupt payments refer to the between MOM Construction and him or that four guaranteed cheques handed to the Bishop he was liable to pay back any amount. The by MOM construction. This was used by the AFU agreed with the Bishop in this regard Bishop to settle his outstanding bond of R1.4 and argued in the forfeiture Court papers that million with Nedbank and purchase the BMW, neither MOM Construction nor the Bishop are Pathfinder and a VW Polo vehicles. entitled in law to retain the corrupt payments, the true nature of which were disguised by the MOM Construction sued the Bishop in the Bishop as legitimate funds. It is alleged that PE High Court in a civil action in which the when MOM Construction stopped making corrupt payments were labelled as a ‘loan’. payments to the Bishop, he gave the tender to In response, the Bishop denied that there other service providers.

Khasho spoke to Glynn Fraser, Senior Financial Investigator attached to the asset forfeiture unit in Port Elizabeth. NPA Performance April/May 2014 April/May Performance NPA How did you get involved with this case?

The matter was brought to my attention by my Regional Head who requested that I have a look at the set of facts he furnished and establish whether there was any merit for AFU involvement.

What were your initial thoughts on the case?

In the beginning my gut feel was that the respondent had used proceeds of crime to purchase the motor vehicles and his house. The challenge was to confirm my prima facie viewpoint.

How do you feel about the case at this stage?

I feel vindicated. It proves that even though no charges have been brought against the Respondent the value of POCA has been confirmed.

Any lessons learnt as you move forward to deal with other cases?

Yes, most definitely! It proves that each case is unique and one should have a Glynn Fraser - Senior Financial Investigator, AFU Port Elizabeth tenacious approach to any investigation.

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Ensuring prosecutions without fear, favour or prejudice Stepmom killer jailed for life Mashudu Malabi

Tshepo Kennedy Tau 31 years old, was suffice, she added. Concluding the sentencing, sentenced to life imprisonment in the Northern the judge said Tau’s behaviour bordered on Cape High Court for the rape and murder of his incest because he raped and murdered in cold 51 year stepmother, Sedia Meriam Moemedi blood someone who was like a mother to him in 2011. Tau’s stepmom was found raped, and his actions were heartless and inhumane. assaulted and murdered in her home at Lerato Tshepo Tau was handed down life imprisonment Park on 11 June 2011, approximately six days for the murder, 15 years for rape, 18 months after her death. for theft and 12 months for assault to run The accused’s semen was found on the concurrently. deceased’s clothing while phone records His defence had previously recommended a NPA Performance April/May 2014 April/May Performance NPA confirmed that he had used Moemedi’s sim sentence of direct imprisonment of between card which he stole during the incident. Tau told 25 and 30 years, while the state advocate, the court that he was involved in a love affair Adele van Heerden called for life imprisonment. with his stepmother (Moemedi) after he grew closer to her following the death of his father. These claims were rejected by Judge Bulelwa Comment by Advocate Adele van Phakathi, who said that she believed that this Heerden was a fabrication to explain the existence of There were no eye witnesses. The body of the his semen that was found on the deceased. deceased was found days after she had died Phakathi said “the two fatal wounds inflicted, and in a state of decomposition. The pathologist out of the many injuries sustained shortly couldn’t determine an exact time of death. It before, during and after her death, were to was however a challenge to prove that only did ensure that the deceased was dead”. the accused raped her and did not just make Tau had previous convictions on sexual him guilty of incest, but also that he was the offences, it became clear that he was a serial one that killed her. sexual offender. Previous convictions did not Cellphone evidence was not only used to deter the accused from re-offending and if he prove that the accused was at the house of the was not apprehended he would have continued deceased at the approximate time of her death, to commit these crimes. but also to establish the approximate time of The judge said he will remain a risk to society her death. and all women if he is not incarcerated. He has It was not easy to get conviction on no respect for the law or the rights of others circumstantial evidence. and no type of non-custodial sentence would

Acknowledgements

Editor: Nomilo Mpondo Send your news and letters to NPA Communications [email protected] Editorial Management: or Bulelwa Makeke

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Ensuring prosecutions without fear, favour or prejudice