News for NPA stafKfK, friends and stakehholders aasshhoo June 2007
JUNE 16: The East London Regional office hosted a soccer tournament in Mdantsane to celebrate National Youth Day. Local soccer teams competed for the “Fairplay” trophy which carries the message of: “Do unto others as you would like them to do unto you”. Full story on page 8
Highgate massacre revisited Mthatha in focus Farewell from the CEO The 1993 Highgate Massacre, in which This month, Khasho looks at how the A personal note to all staff from outgoing five people died and seven others were Mthatha DPP is overcoming its challenges. CEO of the NPA and the DSO Marion seriously injured has again come under It boasts of having no backlog in appeals. Sparg. the spotlight. Page 5 Pages 6 & 7 Page 11 2 Letter from the National Director Let’s choose the values we need to adopt he process of developing the core val - ues for our organisation is moving full “we are going to have to speed ahead. change a lot including our own TWe are now moving into the exciting stage behaviour and adopt those val - where we are going to ask you to participate in the process and use your vote to express your - ues that ensure we give the self on what are the values that should guide people of South Africa the best us as we carry out our work. service.” Remember that this MyNPA My Values initiative forms part of our 2020 vision to agement I’ll be visiting our regional offices transform this organisation into one that doing roadshows, so that we are in constant ensures people of this country live in freedom contact with you and hear what your needs and security. are . In order for us to achieve this we are going One of the things that concern me is that to have to change a lot including our own among employees of the NPA there are still behaviour and adopt those values that ensure many people who do not have a full under - we give the people of South Africa the best standing of what we are all about and there is service with high levels of professionalism no sufficient understanding of many of the ini - and our integrity is beyond reproach . tiatives were are undertaking. It is very important to me that as the lead - We are going to be improving our Internal ership of this organisation, we are listening to Communication Education systems so that we you and are visible so that we can converse educate and inform each other about every - with you and exchange ideas about how best thing that is going on in the organisation. we serve our country. The goal is to create an NPA ambassador We are aware that it is very crucial for us of very employee so that we have within us to take care of you and your needs so that you people who can speak passionately to the are satisfied and therefore better serve the broader South African society passionately broader public. And so in the near future, and carry our message about what our man - together with some members of senior man - date is and explain our vision .
National Director of Public Prosecutions Adv Vusi Pikoli
Contents 3 NPA wants Child Justice Bill fast-tracked 8 Partnering with the youth to fight crime 8 Second phase of recruitment drive nearly complete 4 A quicker solution to staff queries 9 4 NPA in the news ‘ I am a prosecutor and will always be one’ 10 5 Highgate massacre Getting awaiting-trial prisoners out of jail revisited 10 Time frames for disciplinary enquiries 11 Farewell from the CEO 12 6 & 7 NPA News & Events Mtatha DPP boasts of no appeals backlog Court action reduces illegal holiday homes NPA News 3 Frustration over Child Justice Bill The NPA is at the fore - front of the campaign to have the Child Justice Bill promulgated. Once passed, the bill will, among others, protect the rights of children and promote ubuntu in the CHILD JUSTICE: Little Treehouse Pre-schoolers learn about their rights. child justice system. prosecuted, but on acknowledging responsibility is passed, it will improve on the efficient and for the crimes, they should be referred by courts effective management of children in conflict with he NPA has urged Parliament to fast to diversion programmes that rehabilitate and the law in the criminal justice system. track the Child Justice Bill which has reintegrate them into their families and The NPA and other relevant departments, been lying dormant since 2004. communities. through the Intersectoral Child Justice TIn the absence of comprehensive legislation One of the main features of the Child Committee chaired by the Department of Justice dealing with young offenders, the NPA and Justice Bill is diversion. “At present the and Constitutional Development, are submitting other relevant departments have developed an diversion is conducted by contributions to the Bill’s interim National Protocol on the Management the NPA based on its development committee to of Children Awaiting Trial. The Child Justice national policy guidelines. update its costs and Bill was tabled in 2004. As from April 2006 until implementation plans. “We are frustrated that the Bill is taking too March 2007, the NPA has The aims of the Child long. It sets out to promote the best interest of conducted 43 944 Justice Bill are to: the child as entrenched in the Constitution and diversions. (a) Protect the rights of in the United Nations Convention on the Rights Though not all children children as contemplated in of the Child,” says Advocate Maggie Tserere, are afforded the opportunity section 28 (1) (g) and (h) of head of Child Justice at Sexual Offences and of diversion, a large the Constitution Community Affairs Unit. number are reliant on the (b) Promote ubuntu in the Tserere indicated that she was looking system for rehabilitation. It child justice system through forward to the new legislation which would deal is the responsibility of the – (i) fostering children’s Second phase of recruitment drive nearly complete with children in conflict with the law in a Department of Social sense of dignity and worth holistic manner from arrest until sentencing. Development to ensure the (ii) reinforcing children’s NPA head Adv Vusi Pikoli said in availability of diversion respect for human rights parliament that the Bill would deal with the programmes in the country. and fundamental freedoms high level of case backlogs. Some of these programmes of others by holding “It would alleviate some of the problems are rendered by non- Adv Maggie Tserere children accountable for that we are experiencing, especially when it governmental organisations and their actions and safeguarding comes to children.” Pikoli said that prison was community based organisations,” says Adv the interests of victims and the community not a place for children. “Children have to be Tserere. Together with the Department of Social (iii) supporting reconciliation by means of a treated in a special way without necessarily Development, the NPA (SOCA Unit) has restorative justice response and undermining some of the serious offences they developed minimum standards on diversion for (iv) involving parents, families, victims and commit,” he added. children in conflict with the law, based on the communities in child justice processes in order According to Adv Tserere, the delay was provisions of the Bill. “This is to address the to encourage reintegration of children impacting on the quality of services rendered unequal access to diversion services for children (c) Promote co-operation between all to children in conflict with the law. in rural and urban areas due to inadequate government departments and other organisations According to the NPA, children who have diversion programmes, adds Tserere.” and agencies involved in implementing an committed petty offences should not be The NPA is expecting that as soon as the Bill effective child justice system. 4 NPA News A quicker solution to staff queries ix years and still going strong. The NPA call centre continues to strive for excel - lence in its service delivery. SHeaded by Thami Nkonyane, the eight head strong call centre team has a record of resolving 80% of queries received. “We try our best to offer the best service we can, and the 20% that we can’t solve, we escalate to the relevant department,” Nkonyane says. According to Nkonyane, the call centre has undergone a lot of changes over the years, as she and her team are always looking at bet - ONE STOP SHOP: Call Centre Manager Thami Nkonyane says the centre’s mis - ter and faster ways of service delivery to staff. “We are constantly looking at ways of fast sion is to always satisfy clients. tracking queries which are escalated,” she queries are not resolved immediately, clients of the cases needing to be escalated to other says. Often, feedback on escalated queries are given reference numbers. Nkonyane departments. “We try and solve all the prob - takes a while due to the volume of work. They admits they haven’t entirely managed to lems we can ourselves, but we have to escalate introduced a new computerised system so that become a one stop service centre due to some those that need implementing, correcting or all queries are channeled to the relevant auditing. There are plans at hand to improve departments electronically, therefore saving Corporate Service’s turnaround times. This time and allowing for better query manage - will enable the call centre to give feedback to ment. clients faster than at present. The call centre operates within NPA work - “I would like to encourage everyone to ing hours. “We get calls as soon as we start at make use of the call centre to log queries to 8am and most of them are salary related.” The free service centres from telephone interrup - call centre consultants who start work at 8, tions so that they can concentrate on their core familiarise themselves with NPA policies so functions,” says Nkonyane that they can resolve queries efficiently. They also make use of Persal and BAS to respond to some of the queries at first contact. “The first time we receive a call, we need Call Centre numbers the client’s personal details, but after that, as Tel: 012 845 6600 the system stores all the relevant info, we Fax: 012 845 3111 require only the Persal number for security Call Centre Supervisor: Tel: 012 845 6603 reasons,” says Nkonyane. In cases where Call Centre Manager: Tel: 012 845 6610
NPA in the news NPA wins execution order for Mauritius National Director of Public Prosecutions, Vusi Pikoli. Selebi for Aglioti report documents Sapa – 12/06/07 Permission has been granted to the NPA to retrieve The Scorpions are breathing down National documents from Mauritius relating to arms deal Blast from Pagad past Police Commissioner Jackie Selebi’s neck. corruption allegedly involving Jacob Zuma. Judge The NPA crack squad have secured access to Jan Hugo of the Durban High Court made the rul - Former Pagad member, Shahied Davids, is not off four New Scotland Yard intelligence reports ing after a letter of authorisation granted by Judge the hook yet. A new case has surfaced shortly which show that for four years police failed Philip Levensohn. These documents include the after recent bomb charges were withdrawn. to act against alleged drug smuggler Glenn 2000 diary of Alain Thetard, the former chief exec - Prosecutors are reopening an attempted bombing Agliotti, a friend of Selebi, the Sunday Times utive of Thales International’s South African sub - case that was allegedly linked to him seven years reported. According to the report, it can no sidiary Thint (Pty) Ltd, which details a meeting ago. Helen Booysen of the Office of Public longer be denied that senior police officials, between him, Zuma and convicted businessman Prosecutions confirmed that an old case of the directly under Selebi’s command, knew Schabir Shaik. The NPA alleges that an agreement attempted bombing of a restaurant in 2000 will about Agliotti’s links to the underworld. on a R500 000 a year bribe for Zuma was reached be reopened. Davids attributes this to police The NPA requested the court to postpone the at this meeting. NPA spokesperson Panyaza Lesufi wanting him behind bars and driving him to a case to 9 October, the agreed date for the trial said no decision had been made to charge Zuma. point of insanity. to begin. All the evidence was still being analysed by the Daily Voice – 12/06/07 M&G Online – 26/05/07 NPA News 5 Highgate massacre revisited
POST MASSACRE: Highgate Hotel as it now stands in East London. In 1993 five men opened fire on patrons in the bar. Shooting at random, they killed five and injured seven.
he NPA has re-opened investigations were taking responsibility for the massacre,” wearing a balaclava with only the eyes visible, into an apartheid era mass murder. Els says. it could have been a white man. They claimed Similar to other victims of gross human he could’ve painted black around the eyes for TIt was on 1 May 1993, at a bar in East rights violations, the victims of the Highgate camouflage. Els says he still believes that London’s Highgate Hotel, that a group of four Hotel shooting received R30 000 from the TRC. white people were involved. or five armed men in balaclavas walked in just For Els, this was no closure. Senior State Advocate of the Priority after 10pm, armed with AK47s, started Letlapa Mphahlele, former APLA Director Crimes and Litigation Unit at the NPA, shooting randomly at the bar and hurled a of Operations recently Mthunzi Mhaga, explains teargas grenade at patrons.Five were killed and appeared on MNET’s Carte “The TRC gave people why the NPA is working seven seriously wounded. Blanche programme saying a chance to get amnesty on the case. Mhaga says it The Azanian People’s Liberations Army they were not responsible but since no one has been is the NPA’s mandate to (APLA) was reported to have claimed for the attack. follow up cases eminated responsibility for the attack. They had earlier He said the statement accountable for the mas - from pre-1994 and which claimed responsibility for attacks including on claiming their sacre, the might have been the Queenstown Spur, Fort Beaufort’s responsibility, was not from perpetrators will have to politically linked. After Yellowwood Hotel and King Williamstown APLA, but someone just be brought to book and the TRC, unaccounted Golf Club. called the media and prosecuted.” political activity has to be But now, 11 years after the case was closed, mentioned APLA. followed up. “The TRC new information which suggests different One of the victims, who gave people a chance to people were responsible, has emerged. still remembers one of the attackers, described confess and get amnesty, but since no one has “The Highgate investigation was closed in him as “standing at the door with a balaclava, been accountable for the Highgate massacre, 1996, after police felt that all investigations were with a navy blue uniform, blue combat boots the perpetrators will have to be brought to book fruitless,” says Daryl Els, Senior Special and gloves.” and prosecuted,” says Mhaga. Investigator from the Scorpions. “I received It has surfaced that APLA had at that time Els hopes that all the victims’ families and many threats for being involved in the case, stopped using the AK47, balaclavas and teargas. survivors, including himself, will get closure prompting me to stop,” Els adds. APLA members also had no formal training in with the convictions of those responsible. He says that all leads ran to a dead end. shooting; therefore they couldn’t have been able Mhaga says the investigation is under way “Because what I saw at Highgate started to kill as many people, claimed Mphahlele. but due to the sensitive nature of the case, they haunting me, I tried to get the TRC to As the investigations were taking place can’t reveal any information. Mhaga adds that investigate the case again because APLA before the case’s closure in 1996, many came those implicated can be prosecuted at anytime members were applying for amnesty but none forward claiming that because the attacker was – be it in a year or fifty years. 6 Provincial Focus Mthatha DPP boasts no appeals backlog From a backlog of 400 appeals last year, the Mthatha DPP is now handling only new appeals
n accused found guilty of conspiring only,” he added. case review task team. “We are a generally to murder in Mthatha was given a jolt In 2006, out of 177 appeals noted, only 10 rural division that is struck heavily by poverty. when his sentence was increased after were in favour of the appellant. In 2007, the This results in juveniles in areas approximate Ahis appeal. State was successful in 54 of the 57 appeals to the towns, engaging in criminal activity. This In the matter of Smoli Mogolo Njara vs the heard. increases our awaiting-trial population for both State, the accused’s sentence was increased Adv Lusu indicated that he felt there was a adults and juveniles,” Adv Lusu says. from 10 years (with three years suspended) to habit, nationally, for people convicted in lower The task team is composed of Deputy 15 years after the State’s cross appeal was courts to note appeals to the high court and then Director of Public Prosections Advocate successful on 14 June this year. fail to prosecute. “In this way, they take Silumko Ngqwala, two chief prosecutors and This is just one of the successes to emanate advantage of the process. If they don’t prosecute the seven public prosecutors in the division. Its from the Directorate of Public their appeals, the case remains main purpose, amongst others, is to see to the Prosecutions in Mthatha. an open ended matter. In prioritisation of cases where children are “We have no appeals backlog in many instances, after they involved as accused. This is facilitated by the this division. I believe we are the only apply for bail, they simply involvement of the senior public prosecutors division that can boast this,” said vanish,” he adds. who are in constant touch with the court roll Advocate Humphrey Lusu, the According to Adv Lusu, prosecutors in the district. Director of Public Prosecutions in this the Mthatha DPP was the first In this way, they are also able to work region. division to take up the closely with the Department of Correctional At the beginning of last year, the initiative of going around to Services at district level and get the full list of region had a backlog of 400 all the district courts to check awaiting-trial detainees. appeals. They’ve since cleared that the appeals registers and However, despite making these strides, the backlog and handled new appeals follow up on those who were division does have its challenges.“We are not that have come in. out on bail and had not yet able to provide prosecutors in the lower A change in methodology is prosecuted their appeals. court to every magistrate. The NPA will never attributed to the progress made. Adv Humphrey Lusu “If appeals are noted and achieve as much as it desires if we do not go “We took over the setting down of are not prosecuted after a beyond filling vacancies to creating them,” he appeals from the court registrars. In that way we certain period of time, the right lapses and the says. were able to monitor the process more effectively. accused has to go to prison. We secured The capacity of the Legal Aid Board is also Previously, a high court registrar was in charge of warrants, traced those cases where appeals had of concern. “This area is very poor and people allocating appeals hearing dates. We now decide lapsed and made arrests. From the start of this rely on legal aid. It is not uncommon for one how many appeals are heard per day and we can process last year, we have arrested about 90 practitioner to deal with the regional court and load the roll as much as we want to,” Adv Lusu people who’ve been charged with crimes from the district court at the same time. At present, said. across the spectrum,” he adds. there are only four advocates from the Legal “We’ve already allocated dates for appeals Dealing with the increasing population of Aid Board providing the service.” to be heard in July, August and September. The awaiting-trial detainees is a challenge for most The region has, despite these challenges appeals court in this region sits on Fridays regions. In 2006, the Mthatha DPP formed a maintained a 75% average conviction rate.
CORE STAFF: (Left Picture L- R) Chief Prosecutor of the Mthatha Cluster Adv Vuyani Genu, Corporate Manager Lilyrose Shitlhelani, DPP Adv Humphrey Lusu, Chief Prosecutor Butterworth Cluster Vela Balfour and DDPP Adv Silumko Ngqwala. Right picture: Mthatha Staff Provincial Focus 7
Fast Facts Major languages : Xhosa, seSotho, English Population: This region is home to 60 percent of the Eastern Cape’s population and occupies 50 percent of the province’s land area.
Director of Public Prosecutions: Adv Humphrey Lusu
Deputy Directors of Public Prosecutions: Adv Nigel Carpenter Adv Nico du Plessis Adv Silumko Ngqwala
Chief Prosecutors: Adv Vuyani Genu (Mthatha cluster) Vela Balfour (Butterworth cluster)
UP IN SMOKE: Illegally built cottages are removed. Corporate Manager: Lilyrose Shitlhelani
Senior State Advocates: 10 Court action reduces Senior Public Prosecutors: 9 Junior State Advocates : 14 Public Prosecutors : 130 illegal holiday homes Total staff complement (legal and 206 lways a popular tourist destination, the to private individuals without having the legal admin): Wild Coast has also been the site for mandate to do so. Corporate Services: The ‘engine the setting up of illegal holiday homes “Shacks and dwellings constructed on those room’ of the region. It has been Aby people attracted to this rich coastline. sites resulted in environmental degradation. instrumental in all strategic planning “We’ve have had a number of cases where Roads, pathways and tracks had been created sessions. All workshops have been we’ve acted against financially comfortable through environmentally sensitive areas,” said led from the CS section. “As we people who build these cottages. The cases are Adv Carpenter. grow, I observe an improved team of serious concern to the provincial Department In 1995, the Minister of Environmental spirit. It is CS that has taken the of Economic Affairs and the national Affairs and Tourism was ordered by court to lead in seeing to the training of staff, human resource related mat - Department of Tourism,” said Adv Humphrey have the illegal cottages demolished. Five ters and finance,” says Adv Lusu. Lusu, Director of Public Prosecutions in years after the favourable court findings very Thuthuzela Care Centre: Mthatha. little had happened, said Adv Carpenter. Operational from St Barnabas hospi - The Deputy Director of Public Prosecutions “In 2000 , a concerted and renewed effort tal. The rate of convictions through in Mthatha who is involved in the prosecution of was undertaken by the Eastern Cape cases channeled to the courts aver - these cases is Adv Nigel Carpenter. Department of Economic Affairs, Environment ages between 80-85% per month. “There has been widespread support for the and Tourism (DEAET) together with a task Thuthuzela Case Manager: Eastern Cape government’s stand on removing team comprising various state departments. A Jongikhaya Busakwe these buildings and charging the offenders who, spate of joint law enforcement operations in many cases, acquired multimillion rand resulted in numerous arrests and the opening of Mngazana in the Port St Johns/Lusikisiki holiday homes for little more than a bottle of about 70 criminal cases. This added to dozens district , volunteered to break down their brandy, some meat and R200 for a local chief or of civil cases that had been in progress since cottages to avoid criminal records. Forty headman,” Advocate Carpenter said. 1995. This is when our office became involved cottages have been demolished to date, but In 1994, the Wildlife and Environment as we then provided a dedicated prosecutor for about 200 illegal structures remain in sensitive Society of SA (WESSA) brought an interdict these matters,” he said. environmental areas along the coast,” Adv against the Minister of Environmental Affairs In July 2004, criminal charges were enacted Carpenter said. and Tourism for the ministry’s failure to against an illegal cottage owner at Poenskop, There are about 50 cases being investigated. prevent the establishment of illegal holiday near Port St Johns. The owner was ordered to Five of these matters are ready for trial and three cottages on a coastal conservation area , said demolish the R70 000 building. He also had to are on the trial roll in the regional court. Adv Carpenter. pay the costs of restoring and rehabilitating the “It is foreseen that within five years this WESSA contended that the establishment site and was sentenced to a fine of R6 000 or 12 problem will be eradicated and the majority of of the cottages caused environmental months in jail, of which R5 000 or 10 months prosecutions will be finalised. The amount of degradation and that the chiefs or headmen was suspended for three years. illegal activity has decreased along the coast granted rights of occupation and allocated sites “Thereafter several illegal cottage owners due to the successful court actions,” Carpenter within the declared coastal conservation area at Dakane, Manteku, Sinangwana and said. 8 NPA News Partnering with the youth to fight crime
s part of Youth Day celebrations, the awareness around the problem of violence The prosecutor will establish partnerships East London regional office hosted a against women and children, drug abuse and with community members and together they soccer tournament in Mdantsane. gangsterism. come up with strategies to help fight crime in AThe message of 16 June was The event brought together different local that specific area. communicated with a strong emphasis on the soccer clubs to compete for a trophy known as Several pilot sites have been established fact that the youth have a “Fairplay.” The competition’s across the country. responsibility to ensure they live in “If you are a underlying message was: “Do unto Mampofu says his priority is to a crime free environment. The young person others as you would like them to engender a new kind of peer-pressure among youth were also urged to who has a sister, do unto you”. young people to ensure they alienate all participate in initiatives that would Mampofu said the aim of the criminals. attract investment into the area so mother or aunt, ‘Fairplay trophy’ was to inculcate “I want to build a sense of that more employment you can’t rape a culture of caring and being pride among the youth through the opportunities could be created. someone else’s considerate. slogan ‘let’s make NU1 the safest gateway The event was part of the sister, mother or “If you are a young person who to the sprawling splendour’. NU1 is the Community Prosecution aunt.” has a sister, mother or aunt, you entry point to the greater Mdantsane programme, a pilot project of can’t go and rape someone else’s Township,” he said. the NPA aimed at fostering relations with sister, mother or aunt,” he said. The slogan also seeks to promote tourism communities to prevent crime. The Community Prosecution Project as a vehicle for social and economic The Community Prosecutor in the area, ensures that a Community Prosecutor is placed development for the previously neglected Gugulethu Mampofu, said they wanted to raise in an area identified as a crime “hot spot”. township of Mdantsane.
Second recruitment drive phase nearly complete
The second phase of the NPA’s Recruitment passes it on to the relevant people,” says offices, stationery, parking bays and salaries. Drive is close to completion, says Nick Johnson. The second phase also includes “A lot of managers don't know some of the Johnson, head of Strategic Resources notifying individuals via email, sms or post of needs of staff according to their positions, but Management. applications received, and sends statistics of with the new system in place, managers will “The design will allow us to roll out potential candidates filtered through the be able to choose from a dropdown list additional system functionality on a monthly computerised system to HR. electronically the basic needs of positions,” basis for a period of a year,” he says. Sending a “confirmation of says Johnson. The recruitment drive is meant to speed up receipt” was previously non- “We want to He adds that an important issue the process of filling of posts while being cost- existent and at present with the start expanding being addressed in support of the effective. The previous process, which new system, this is sent out the applications system is a review of the required a high level of manual labour, was within a month of receiving the database to recruitment strategy and slower because it used typists to capture the application. All the applications enhance the supporting policies. data of applying candidates. are then kept, even in cases where The system is to streamline the “In this phase, we want to start expanding individuals weren’t successful, availability of filling of posts and make them the applications database to enhance the according to National Archive info to decision- electronically available, while availability of information to decision makers rules. makers in the minimising errors. The various in the NPA,” says Johnson. The system is able to filter NPA.” templates are available on He says that previously, the process of through applications which are http://ithala/underforms/templates appointing an individual for a post took close not new through ID numbers. Also included are and staff are encouraged to familiarise to three months. templates for the various departments when themselves with them. “This was because there was no line of posting an application for a job, which ensures “While our focus in the first phase of the communication between the data capturers, the consistency and a standardised way of development was primarily aimed at securing HR department and the Business Units. appointing staff. an expandable technology base, the main focus The first phase of the drive addressed the “Through the system, we will be able to during the second phase engages with business issue of receiving and recording applications have a uniform way of doing things through units regarding the processes and disciplines accurately. The second phase addresses the issue these templates, which will in turn help in they need to implement in order to gain of getting applications to the correct point where ensuring quality staff are employed.” The optimised benefit from the system,” concludes they are needed in the business units. templates contain various forms derived from Johnson. “With the new system in place, when the the various departments’ needs and features. The final phase of the development will data capturers capture info, it is readily This includes facilitating individuals for their implement decentralised processing and available to the HR department, which in turn posts by way of specifying from the onset transacting of recruitment related activities. NPA Profile 9 ‘I am a prosecutor and will always remain one’ Adv Amanda Bester is one of the two recipi - ents of the Ukuqwesa Award after she suc - cessfully concluded the PROUD PROSECUTOR: Adv Amanda Bester the 2007 recepient of Ukuqwesa award first racketeering case to 18 years and the second, 12 years. It was a matter if it’s a murder, rape or assault case,” she brought to full trial in project that we’d been running with the police says. for 22 months. We established that all the “I am a prosecutor and I am always going to South Africa dealings were taking place at a club called Reds remain a prosecutor.” in the Free State. The drug syndicate was She advises dedication and pride in carrying am a prosecutor and I am always going dealing in ecstasy, cocaine and LSD. The club out the duties of a prosecutor. to remain a prosecutor,” says Adv was busted and closed,” says Adv Bester. “Teamwork is also an important element. Amanda Bester. “It was a tough case to work on. My first You must have the co-operation of the police,” ‘BI ester, a senior state advocate with the witness’s statement was 600 pages! Also, she adds . office of the Director of Public Prosecutions because it was the first time a case like this had Bester said she felt strongly about the shares the honour with Adv Bruce Morrison of been tried, there were no precedents to look protection of children and does a lot of work the DSO in Cape Town . back to. We were doing everything for the first with the Child Welfare organisations and sits The Ukuqwesa award, presented by the time,” she says. on its board. Society of State Advocates, is given to a “However, it was also a wonderful In her free time, she loves to read and prosecutor nominated by his/her peers after experience as there was excellent teamwork travel.“From all the places I’ve been, I have debate and a presentation at the annual general with the police on this project,” she says . enjoyed Switzerland the most. Almost crime meeting of the society. Studying law was something of an free, and it’s such a clean environment. The “The criteria are excellence as a prosecutor impulsive decision for Bester. She studied natural beauty is just fantastic and the and carrying forward the image of a her B Juris at the University of the Free State in chocolates are divine,” she says. professional advocate in spite of political 1980 and started her career as a prosecutor at Previous winners of the prestigious pressure or any other obstacles,” says Adv the Magistrate ’s Court in Botshabelo in 1986. Ukuqwesa award: Carine Teunissen, the previous chairperson of Adv Bester started studying for her LLB • Adv Anton Ackerman for his “Dr the society. part-time and completed the degree in 1991. Death” prosecution, The award was the brainchild of a group of She was then transferred to the • Advs Kevin Rossouw, Malherbe Cape Town members of the Society of State Bloemfontein regional court. She has been an Marais and Anthony Stephen for Advocates. Adv Billy Downer from the Cape advocate with the DPP’s office since 1993. generally exceeding every Town DPP was the chairperson at the time and Adv Bester grew up in Marquard in the Free boundary in promoting successful we felt we needed to rise above a trade union State and has called the province home all her prosecutions in the most difficult image,” says Adv Teunissen. life. cases. Adv Bester was honoured with the award Defining moments for her include joining • Adv Gerda Ferreira for her after successfully concluding the first the Directorate of Public Prosecutions office in prosecution of Tony Yengeni and racketeering case in South Africa. the Free State region in 1993 and going on to the groundwork she did in the “In July last year, two accused were found become a senior state advocate in 2000. Schabir Shaik investigation. guilty of drug trafficking and racketeering. Adv Bester is passionate about her work. • Adv Billy Downer and his team for They were the leaders of a drug syndicate in “It’s important for me to make a difference their work in the Schabir Shaik the Free State. The first accused was sentenced in every single case I’m working on. It doesn’t prosecutions. 10 NPA News Getting awaiting-trial prisoners out of jail waiting-trial prisoners are being edu - have a bail option. cated on of their rights while in jail to “We want to discover why such things hap - help them make informed decisions pen, and in cases where the bail is not feasible, aAbout their cases. we can arrange payment in instalments or This is part of a transformation project reduce the bail based on our investigations,” aimed at reducing the number of awaiting trial says de Beer. prisoners. Educational brochures have been In cases involving children, de Beer hopes distributed to detainees at various jails, as well that with the Child Justice Bill being finalised, as all NPA offices. it will be possible to be channel back to their The initiative, headed by Charin de Beer SC, communities through the NPA’s diversion pro - DPP of Johannesburg, launched earlier this year gramme, to continue living useful lives on the following large backlogs in awaiting trial prison - right side of the law. ers. “We saw that at times it takes a long time to “We are prioritising old cases which in fact prosecute persons accused of petty crimes, hence should have been concluded a long time ago, we launched the project,” says de Beer. which are not so serious, so that we can focus She says the brochures are aimed at on the more serious ones,” she says. informing the detainees about their rights The guidelines sent out to NPA offices, set while inside. out procedures prosecutors can follow when “We want them to know their rights and dealing with awaiting trial prisoners. equip detainees to take informed decisions Although de Beer says it is not compulso - relating to their cases in good time, with an ry for prosecutors to use the guidelines, she appreciation of the implications of each case, recommends them in correcting mistakes of which could likely impact on the duration of Charin de Beer, SC, DPP of Johannesburg the past. “We hope that the prosecutors will their incarceration before their trial com - ing it more possible to get cases finalised. She implement the guidelines in applicable cases, mences,” says de Beer. The brochures inform says that in some areas, there are prisoners and continue to bring about change in the lives ways of gettig a plea bargain, therefore mak - who are awaiting their trail dates while they of all affected by crime,” says de Beer.
n terms of the Disciplinary Code, an In NEHAWU obo Nkuthe vs NPA PSCB employee charged with misconduct must 220-05/06, the applicant was suspended by be given notice of the enquiry at least five Time frames the respondent as a precautionary measure. Iworking days before the date of the hearing. The applicant wanted the suspension to be This notice must provide a description of the uplifted as the suspension was way beyond allegations of misconduct and the main evi - for disciplinary the 30 days prescribed in the resolution. The dence on which the employer will rely, as well Respondent argued that the applicant was not as details of the time, place and venue of the disadvantaged in any way as employee was hearing. enquiries receiving a salary while on suspension. The The notice should also explain the rights of the arbitrator ruled that the fact that the applicant employee to be represented and to bring wit - This is the second of a three- was still receiving a salary during suspension nesses to the hearing. was irrelevant what was important was com - Schedule eight of the Labour Relations part series published in Khasho pliance with a binding collective agreement. Act 66 of 1995, paragraph four states that the on the NPA’s disciplinary code The arbitrator ruled that the suspension employer should allow an employee the and procedures. This article should be lifted. opportunity to state a case in response to the The employer must ensure that such a allegations (audi alteram partem principle) explains the time frames that hearing is held within 10 working days after and the employee should be entitled to a rea - an employer and employee the notice of the hearing is delivered to the sonable time to prepare a response with the have to adhere to when dealing employee. The enquiry has to be finalised assistance of a trade union representative or within 10 working days from the date of com - fellow employee. with a charge of misconduct. mencement of the hearing. Article seven of the ILO (International person or state property. A suspension of this At the conclusion of the disciplinary hear - Labour Convention) 158 of 1982 reiterates nature is a precautionary measure that does ing, if the chairperson of the hearing finds that the employment of a worker shall not be not constitute a judgment, and must be on full that an employee has committed misconduct, terminated for reasons related to a worker’s pay. the chairperson must pronounce the penalty conduct or performance before he is provided The employer must commence a discipli - within five working days. Depending on the an opportunity to defend himself. nary hearing within a month. This implies nature of the case and the seriousness of the The employer may suspend an employee that the employer must serve the charges on misconduct, the employee’s previous record on full pay or transfer the employee on the the employee within the suspension period. and any mitigating circumstances must be grounds that the employee is alleged to have The suspension can only be extended by the taken into consideration when determining committed a serious offence; and if the chairperson of the hearing at the first sitting the appropriate sentence. employer believes that the presence of an of the matter, before the suspension lapses. The employee has five working days employee at the workplace might jeopardise This was confirmed in the SAMA obo within which to file an appeal against the any investigation into the alleged misconduct, Kikomba vs Department of Health PSCB penalty or sentence meted out by the chair - or endanger the well being or safety of any 102-03/04 matter. person of the hearing. Staff News 11 Farewell from the CEO ow does one take leave of organisa - PARTING tions like the NPA and DSO? The SHOT: After short answer, I suppose, is with great spending dHifficulty but with a sense of great achieve - seven years at ment as well. the NPA as When trying to explain my departure to the CEO of both media recently, I said that seven years was a the NPA and long time to be a CEO of any organisation, let the DSO, alone two. In 2000, I was appointed to the post Marion Sparg of CEO of the NPA. After the NPA left in the mid- Amendment Act was passed in 2001, bringing dle of June to pursue a into being the Directorate of Special career in the Operations or Scorpions, I was also appointed corporate to the post of CEO of the DSO. world. While the Scorpions continue to report to the National Director, a decision has been taken, which I believe is the correct one, that the DSO has its own dedicated CEO and administration. It was with a great sense of pride that I par - ticipated in the launch of the NPA Strategy 2020 at our National Stakeholder Conference at the end of March 2007 in Gallagher Estate, Midrand. This strategy not only charts the way forward for the NPA but also represents the collective effort of many people over many years. It must always be remembered as such. When I closed the conference, my thoughts went back three years to February 2004 and the national transformation conference held in Emperor’s Palace. On that occasion, as we The first point is that building and trans - in the Presidency) at our SMS Conference in commenced a formal programme of transfor - forming an organisation takes a long time and March 2007, when he said:“In an evolving mation in the NPA, I likened the development secondly, it is an ongoing process with new democracy such as ours, there are institutions of the NPA to that of a human being; from challenges and that the search for knowledge and individuals who have to suffer the curse of infancy to childhood and so on. At the time, I is never-ending. having to live and to act almost transcendental - said that in our first five years as the NPA from There may have been times on our trans - ly as representatives of the Good that has yet to 1998 to 2004 we, like any baby, formation journey when be born. Such is the NPA; and society is justi - learned valuable lessons about we wondered whether we fied in expecting from you the extraordinary.” trust and mistrust as we slowly “The NPA has, I would ever get anywhere. In conclusion, it would be amiss of me not moved from dependency to a believe proved to be The launch of Strategy to make special mention of all my current and growing sense of independence. more that equal to the 2020 is a remarkable past colleagues at Corporate Services. I say By the end of our fifth year, we achievement. It is gratify - thank you to all of you, in particular for your could use our own initiative and challenges it has ing, as we proceed with its loyalty and support in the trying times over the work processes – again similar to faced and will contin - implementation, to hear past 12 months. the development of a human ue to face.” Chief Prosecutors stand - These were difficult times, but they do not child. ing up and saying that and could not outweigh the overwhelmingly From the sixth year towards they can now see what positive experience and privilege it has been puberty, the child goes to ‘big’ transformation is about. for me to work at the NPA over the past seven school and is constantly tested against others. The NPA has, I believe, proved to be more years. The NPA has gone through a very testing time than equal to the challenges it has faced and To all NPA employees, I say that the NPA since 2004 and is now almost 10 years old. will continue to face. We are at times perhaps has a valuable role to play as we continue to As we move towards the 10th anniversary tempted to lapse into moments of self-pity and build our democracy. in 2008, I believe that the organisation is ready bemoan our fate as we are, unfortunately often We should not let anyone convince us oth - for the heady years of adolescence and early unfairly, lambasted by various organisations. erwise, but we must also always listen and adulthood. One does not want to stretch this As I leave the NPA and Scorpions, I cannot strive to improve ourselves in the struggle for comparison too far, but this is to emphasise improve upon the words and message of Joel justice in our society so that people can live in several important points. Netshitenzhe (Director of Policy Co-ordination freedom and security. 12 NPA Events and News
BOOBY- PRIZED Prosecutor turns midwife Advocate Cheryl Richter, a Control Prosecutor at the Johannesburg Magistrate Court, usually spends her days putting criminals behind bars. This changed on 18 June when Sarah Mabela walked into her courtroom. Mabela had gone to court to plead for the withdrawal of a case she had opened against her husband. However, while waiting in the public gallery for her case to be called, she went into labour. Cleaners Mildred Ndlovu and Vivian Nhlapo were first to notice her state and immediately called Richter for assistance. It was then that Richter, a mother of two and a grandmother, realised her abilities as a midwife, and a healthy baby boy was born. “It was quite a moment for me, nobody else wanted to deliver the baby as they felt they had no experience. I, of course, with no experience, felt I had to do something. Suddenly, I had to quickly recall what I had read in the past about giving birth and tried to apply it. I was very excited that baby “Junior” was born with no complications and was healthy,” she says. Richter said she had to think positively and concentrate on what she was doing throughout the delivery. “After the amazing experience, I just washed my hands and went straight back to work. The only emotion I was feeling at the GOOD SPORTS: A prize of donkey droppings was shared between Acting time was just utter excitement,” she says. Director of Public Prosecutions in the Free State, Adv Andrè du Toit, and Adv Her deed has brought her overnight fame. Danie Pretorius from the same office. They clocked up the worst total in a “I have since received hundreds of sms’s from shoot-out competition in May. friends, relatives and colleagues congratulat - The Free State DPP and regional SCCU and DSO offices held their competition ing me for what I did. My family is very at Adv Colin Steyn’s farm, Leeuberg, outside Bloemfontein. Each participant proud of me, but was at first shocked to hear the news,” says Richter. had 10 shots at a target at a distance of 20 metres with a 9mm pistol. After some fierce competition and a final shoot out, Senior Special Investigator Peter Mabhena from the DSO won the competition and was presented with a cash prize of R400. Du Toit and Pretorius said they were determined to improve by the next competition.
NEW APPOINTMENTS AT THE DPP MTHATHA UPCOMING EVENTS Claudia von Meyer: Receptionist The Asset Forfeiture Unit Adv Ansurie Deoraj: State Advocate (AFU) is hosting the annual Hyron Golding: Control Prosecutor Legal Indaba at the Regent Hotel in East London from 17 MARRIAGES AND BIRTHS AT THE DPP MTHATHA to 20 July 2007. HR Practitioner Nosiseko Dome got married. Librarian Ayanda Sileku gave birth to a baby boy. HEROES: Cheryl Richter, Mildred Ndlovu and Vivian Nhlapo helped baby “Junior” into the world.
Send your news – serious and funny – as well as Publishing Editor: Phumzile Kotane – Your letters, to the editor, to Khasho at NPA Communications Unit Action Consulting and Managing Editor: [email protected] za Nomusa Cembi COUNTS Alternatively, fax your stories and information to Designer: Paula Fray & Associates Phumzile Kotane at 012 843 2141 Sub-Editor: Saaleha Bamjee