SECUT RO IN P G L A A U N T

H O

I O

T

R

A

I

T N

Y

8

1 Khasho

February / March 2008 0 News for NPA staff, friends and stakeholders

0

0

y

2 e

-

a 8 r 8 s

1 9

WORKING TOGETHER: Community prosecution is aimed at enhancing community participation in setting criminal justice priorities. See story page 3

Prosecutors take He’s proud to be in Judgment in drug fight to schools the Free State watershed case A new initiative by Pretoria Khasho had a chat to the Thabo Lebakeng, the prosecutors, called Deputy Director of Advanced Manager Operation 360, is taking Public Prosecutions in Employee Relations, the fight against drugs the Free State, Johannes takes a look at the into the schools. The Hiemstra, about the highs Constitutional Court project aims to educate and lows of his job as decision in the learners in the area about well as the challenges Sidumo v Rustenburg drugs and the harsh of working in a big and Platinum Mines Ltd realities for both users largely rural province. and its implications for and dealers. employers. Page 4 Page 6 Page 8 2 Letter From the National Director Merger leads to new crime-fighting body

et me first deal with the contentious matters of the Directorate of Special “I am happy to LOperations (DSO). say that we were You should be aware by now that the government has officially announced that commended for our the DSO will be merged with the SAPS’s Organised Crime Unit to form a new crime- work by parliament’s fighting body. Following that announcement, we portfolio committee have been informed that a National Body on justice.” comprising representatives from the NPA, the Department of Justice and the SAPS will be formed to carry the process forward. We haven’t as yet received a policy document public to inform them of our work and but we will be waiting to receive it so that it successes. assists and guides us in this process. We even had one opposition politician I want to take this opportunity to thank promising to write an article in the media the staff members of the DSO for the calm to inform the general public about the good and disciplined manner in which they work that we are doing. have handled themselves during this very Of course, we were criticised on a few difficult time. You have dealt with this in cases. We accept the criticisms and I would a dignified and sensible manner while we like to appeal to all of us to carry out our know this has been really tough on you, so work with sensitivity and responsibility thank you. and, obviously, without compromising on The NPA Task Team, that we have our values. appointed to assist with this matter, has Acting National Director of Public We will, in a few weeks’ time, get a made a presentation to Exco. Prosecutions Adv Mokotedi Mpshe report on one of our major projects, the We have accepted their presentation and Community Prosecution Project. report to the commission, following then also finalised the terms of reference For the past year we have been trying government’s submission. for the task team. this model which takes a strategic shift So, everything is on course and there is Members of this team will meet on a from a purely reactive case-processing a strong likelihood that the hearings will be regular basis and also give regular updates approach to a more proactive, problem- to affected staff on progress in the process. open to the public as Pikoli had wished. solving one. Let me also say that this task team In recent weeks we also appeared One of the key elements of community will automatically represent the NPA in before parliament’s portfolio committee on prosecution is to enhance community the national body that will oversee this justice. I am happy to say that we were participation in setting criminal justice process. commended for our work as the NPA. priorities. And so we will be presenting With regards to the Ginwala Commission In fact, the chairperson of that findings of a report by an independent of Inquiry, I am aware that the NDPP Adv committee challenged us to make sure that researcher who was tasked with evaluating Vusi Pikoli has submitted his replying we communicate with the South African this project.

Contents

3 Community project a success 8 Judgment in watershed case

4 Prosecutors take drug fight to schools 9 NPA muscles in on fitness

5 Garden grows, thanks to gift 10 Remembering the first days

6 Proud to be in the Free 11 Zooming in on staff State wellness

7 Battle rages over the DSO 12 Staff news NPA News 3 Community project a success

he Community Prosecution Project that was initiated in 2006 as part An evaluation of the Community Prosecution Tof the NPA’s strategic shift from a Project shows that it has been effective purely reactive case-processing approach to a more proactive, problem-solving one, is proving to be extremely successful. Eighteen months after its inception the project, which is being run at nine sites countrywide, was recently externally evaluated by Dr Richard Griggs, an established researcher in the criminal justice sector. A key element of community prosecution is to enhance community participation in setting criminal justice priorities. As Adv Shamila Batohi, the Project Owner notes, “This approach entails a long-term, proactive partnership between the prosecution, law enforcement, the community and public and private organisations with a view to solving particular community crime problems, improving public safety and enhancing the quality of life of community members.” Griggs found that there was a marked WORKING: reduction in crime and improved Some of the people who run the Community Prosecution project, which has a proactive, problem-solving approach to prosecuting.

“This approach participation, noting that he was “glad that was eventually dropped from the SAPS entails a long- the major stakeholders in this initiative all hotspot list because the CMP worked pitched in to help – without them the project with a municipal councillor to ensure that term, proactive couldn’t have been such a success”. the land was developed and better street Mncwabe believes that this new lighting was installed. partnership between approach to prosecution is effective Crime prevention was achieved through because it facilitates participation from the environmental design. the prosecution, community and the major stakeholders who The project has been run over the last law enforcement don’t always have a cordial relationship. This was supported by Fiona Cloete, 18 months at nine sites, namely Pretoria: the community and who was the CMP for the Cape Town Mamelodi, Johannesburg: Windsor East, community of Siyahlala. East London: Mdantsane, Mthatha: Ngange- organisations.” Cloete felt that the key to community lizwe, Bethlehem: Bohlokong, Galeshewe: participation was having someone who would Phuthaneng, Kuruman: Kudumane, Durban: perceptions of public safety in the majority listen. “A lot of the time the community feel Point, and Cape Town: Siyahlala. of the sites, which was directly attributable that they are not considered to be important, These sites were chosen because there to the involvement of the community but through this initiative, which required us was reasonably good infrastructure, which prosecutor (CMP). to engage meaningfully with them, they felt in many sites included a court and other He also noted that three types of needed and wanted,” she said. support structures but, more importantly, interrelated activities delivered the most At the Windsor East site, Griggs they had the potential to reduce crime. observed that the SAPS Sector Manager, impact – educational activities on the law “It was important to identify supported by the CMP, became so pro- via public outreach initiatives, building communities which had problems, but strategic partnerships for crime prevention active in patrolling the site that the drug which also had the potential to address outcomes and selective prosecutions which dealers and bylaw infractions that were create community interest. clearly visible on the streets at the time of these problems,” continued Batohi. The evaluation by Griggs paints a the baseline study were no longer evident The CMPs will continue with their picture of how these measures, run in at the time of the evaluation. work for at least another year. The findings partnership with the community, have Windsor East is now visibly cleaner and of the evaluation are due to be released in made a difference to crime levels. more regulated. March. Ron Mncwabe, the CMP in Mamelodi, Mamelodi, east of Pretoria, a hotspot for For more information on the initiative, highlighted the importance of community hijacking at the time of the baseline study, go to www.justiceforum.co.za 4 NPA News Prosecutors take fight against drugs into Pretoria schools Operation 360 aims to educate learners about the harsh realities for users and dealers

retoria prosecutors are taking the fight against drugs into the city’s Pschools. Initiated by Chief Prosecutor Matric Luphondo, Operation 360 will see prosecutors from the Pretoria Magistrate’s Court take up the call to act against drug use in schools. According to Luphondo, the campaign is due to be launched across the city in March. “We continuously received letters from school principals telling us about the severe BATTLING DRUGS: Matric Luphondo, Chief Prosecutor at the Pretoria drug problems in the schools as well as Magistrate’s Court, and Yvonne Phoshoko, a senior prosecutor at the court, complaining about the crime situation. are actively involved in Operation 360. “This was a fantastic crimes were being committed, what the Wesbank has contributed R900 000, to problems were in the schools and to find the project, which will be spread out over opportunity to out more about solutions for issues. the next three years. involve ourselves “One major problem was drugs. It “The money is being used to identify became clear children were involved with problematic schools that need urgent with a campaign to drugs and this needed to be addressed.” attention in Gauteng. benefit the city and Areas such as Atteridgeville, “It is also used to teach and pay people Soshanguve, Mamelodi, Brits, Pretoria and who are hired to identify children with our youth.” surrounding areas all showed that drugs drug problems, pay for two manuals and a were a common problem. DVD that will be distributed to the schools “We as prosecutors are in daily contact Operation 360 will see prosecutors to educate the children about the dangers with school children in the juvenile courts. going to the schools and educating learners of drugs. This was a fantastic opportunity to involve about drugs and the harsh reality of the ourselves with a campaign to benefit the after effects for both users and dealers. “I believe that by city and our youth,” said Luphondo. “I believe that by rescuing today’s Forming part of the NPA’s broader plans rescuing today’s children you are preventing tomorrow’s to be more involved with crime prevention criminals. We are not necessarily addressing children you are and expanding this as part of prosecutors’ a criminality but rather a social issue at the mandate, Luphondo made a call to his preventing tomorrow’s heart of our schools,” said Luphondo. colleagues and Operation 360 was born. criminals.” “Usually we just prosecute children The campaign will get input from many who have committed crimes. But this is not different role players. solving the problem,” said Luphondo. “Principals, teachers and families will “I’m happy that the prosecutors have Prosecutors realised they needed to work alongside us. taken it upon themselves to make a dig deeper and try to assist families and “We don’t have the answers on our own, difference. We are often seen as the ones teachers more thoroughly. but as a collective we can address the drug who just want to put people behind bars, In an effort to get the campaign off the problem and attempt to make a difference,” but that is not always true. ground, Luphondo and fellow prosecutors Luphondo said. “We want to also help children by started visiting schools in Pretoria. Already companies have come on board making sure they don’t ever land up in our “This was to determine exactly what and funding is being found. courts,” he said. NPA News 5

SOCIAL UPLIFTMENT: SCCU Durban prosecutors and staff recently spent time in Umsunduzi in KZN where they provided the community with a water tank. Garden grows, thanks to gift Durban prosecutors provided a water tank to help a local community sustain their vegetable patch

CCU Durban Prosecutors have made a difference in the lives of a local Scommunity by finding a donor for a much-needed water tank. Staff arrived to a warm welcome at the Tribal Authority Court in Umsunduzi where members of the local community and tribal council were present. The tank was presented to the community SHAKE ON IT: The prosecutors were given a warm welcome. at a function. SCCU has been involved in the area for to the many orphans in the area and has over a year as part of their social upliftment become their champion. project. They focus on raising awareness Mama Ntuli has got sponsors to provide about Aids. food, shelter and other necessities to Aids- The SCCU had found that Aids was affected, poverty-stricken families. highly prevalent in the area and Aids-related Advocate Musa Mzelemu said that deaths had left many children orphaned. during these visits, the SCCU was informed The SCCU embarked on a social of the community’s urgent need for a water upliftment project last year in a bid to assist tank in order to sustain a vegetable garden. those families left without parents. The SCCU found a sponsor, forensic Regular visits were undertaken with investigator Aubrey Slinger, who donated food hampers and clothing being handed to the water tank which was handed over to the community. the community. They also helped people to obtain social The community plans to place the tank assistance grants. near a vegetable garden and install a pump The prosecutors were introduced to at the nearby river. Mama Ntuli, a resident of Umsunduzi, an This would enable the community area in the Valley of a Thousand Hills, last to grow vegetables in order to sustain GIFT OF GIVING: Donations help year. She has opened her heart and home themselves. members of the community. 6 Regional Focus Proud to be in the Free State Q: What is the first thing you do when you get into the office? Khasho speaks to Johannes Hiemstra, A: Greet the other staff as I enter the office. Deputy Director of Public Prosecutions in I suppose that’s not what you wanted to hear! the Free State about the challenges of his Taking stock of what lies in store, prioritising it, dealing with the first rush of awakening which is in store for our incoming calls, which is inevitable, and of prospective colleague! course, dealing with my wake-up call – a And then, of course, the human factor cup of coffee or rooibos. and interpersonal relationships, which get If there are documents awaiting my quite taxing, need to be managed. signature, I start off with that. It clears Q: What are the highlights of your job? the decks for action and avoids others A: The great team spirit, friendship and having to wait for a mere signature from support from colleagues and admin staff. someone somewhere. Most of us know The Free State office is exceptional in how frustrating that can be. this regard and all visitors and members Thereafter it depends what is on the of the Society of State Advocates will menu for the day and the week. confirm that. It makes one’s daily chores, While I am a stickler for routine in some frustrations and successes all worthwhile. respects, this is not one of them. Q: How long have you been at the NPA? If my mood and circumstances allow, A: It seems like forever! Not that I it is the best time for exchanging greetings complain. I enjoy my job. and taking an interest in other staff, before I joined the prosecution in 1974 and was the demands of the day overtake us all. transferred to the attorney-general’s office Q: What are the challenges you face with in Pretoria later that same year. your position? Q: What challenges do you face in your A: There are numerous challenges, but location? perhaps the most taxing is simply trying to A: Many people do not realise Free State is balance the different demands. a large province. While we can’t compete POSITIVE: The curse (or advantage) of this small Deputy Director with Northern Cape, our furthest points are office is that the two deputies must deal Johannes Hiemstra about 400km from Bloemfontein. with all aspects of the work of a DPP office. Being a largely rural jurisdiction with fringe benefit. No such luxury as strict portfolios. numerous small and widely spaced offices, Q: What are the success stories in your The post of DPP has been “vacant” for creates challenges, especially in respect of region? two years and all the responsibilities of the infrastructure and communication. A: Most recently, the success of the office have to be shared between Andre du On the positive side, Bloemfontein is Organised Crime section, which put all Toit, who is acting as DPP, and myself. a lovely dorp with all the advantages of a other provinces to shame! During this period an organised crime city and none of its disadvantages. Let us We are very proud of what we have section and an STU section were established, talk traffic, for example. achieved thus far. Add to that the community both of which are my reponsibility. I think we maintain a high quality of life prosecutions in the Eastern Free State, The long-awaited third deputy post has and very few who have joined us ever want traffic initiatives in the Southern Free State not yet been filled. We are looking forward to leave. and in general a very positive spirit of co- to this event with great anticipation and I do not see my location in the Free operation between stakeholders, especially perhaps with some glee for the rude State as a significant challenge, rather as a the police.

WE NEED CONTRIBUTIONS FEEDBACK ON KHASHO Khasho invites all NPA employees – and not just those Help us improve your reading experience. who are legal-minded – to send in copies of their writing, • Do you receive your copy of Khasho regularly? illustrations, art or any creative work because Khasho is • What sort of news do you enjoy reading in Khasho and set to publish employees’ work in upcoming editions. what would you like us to feature more often? Your poems, essays, short stories, drawings or • Do you feel our coverage of the NPA is representative illustrations could soon be adorning of all the regions and business units? the pages of your favourite • Are there any units that you feel deserve more newsletter. coverage? Send your contributions to • What would you change about Khasho? [email protected]. Send your responses to [email protected] NPA News 7

FIGHTING CRIME: The DSO has become renowned as one of SA’s elite crime fighting units. Battle rages over the DSO he storm over the relocation of the Directorate of Special Operations The closing down of the Directorate of T(DSO) is still raging. Special Operations has caused a furore Prior to the State of the Nation Address, where President Thabo Mbeki was expected which has gone way beyond the NPA to give clarity on the issue, the country was abuzz with politicians, commentators This was confirmed by Sanele Mtshazo, one. and ordinary South Africans making Chairperson of the DSO’s Workplace “The DSO should not be disbanded. It their views known about the contentious Forum. In an interview with Khasho he is a necessary and relevant organisation decision to close down the DSO. made this point clear. that has made a meaningful contribution in But it was Safety and Security Minister “It is obvious that we will be moving to the fight against crime in South Africa. The Charles Nqakula who set the ball rolling a hostile environment in the SAPS. fight against crime has been dealt a heavy when during the debate on the State of “The tensions between the two organs blow by this decision, ” says Mtshazo. the Nation Address, he announced that the of state have been visible for everyone to “We will be seeking legal opinion to unit would be dissolved and its employees see and we therefore don’t envisage that see if there is something we can do to try merged with members of the police’s we will be treated well and so they can’t and save the organisation. And so we will Organised Crime Unit to form a new unit. dictate to us that we should go there. be seeking assistance through the Public Mbeki later confirmed this and explained “We should be given the option to join Servants Association, a worker’s union, to that the decision was influenced by the need other government departments where our look at all avenues,” he adds. to strengthen the fight against crime in the skills and expertise will be useful.” While members of the DSO were country. He mooted that the new unit to His deputy, Frans Sesemola, added, initially unhappy that management was come out of the amalgamation would adopt “The move to the SAPS could mean our silent while the country was debating the an intelligence-and-prosecutions style of new employer will be at liberty to deploy fate of the unit, they have appreciated operation to ensure that it is as successful us wherever is deemed necessary. efforts to improve communication. as the DSO has been in its work. “We have already established our lives Acting NDPP Adv Mokotedi Mpshe, While politicians, commentators and where we are, we have families and loved together with the leadership of the DSO, even ordinary South Africans have feasted ones that we can’t just up and leave. This held several meetings with the unit’s staff on the opportunity to join in the intellectual will be very disruptive to our lives.” across the country to discuss the matter. debate, the reality is different for the DSO Sesemola went on to identify other In addition, Mpshe has set up a task staffers who are most affected by this government departments where DSO staff team within the NPA to assist with the move. could be absorbed. These include firstly relocation process. Since the announcement was made in other NPA business units, Home Affairs, Two members of the Workplace Forum December, for most the uncertainty about Social Services, the Special Investigative will also join the task team. the future has been the most difficult part . Unit, Fica and the Financial Services President Mbeki has promised that by What has emerged over past few weeks Board. the end of March all relevant legislation is that many staff members are reluctant to They are also not convinced that the and other decisive measures will have been move to the SAPS. decision to dissolve the DSO is a good dealt with by Parliament. 8 NPA People Judgement in watershed case he Constitutional Court recently handed down the much-anticipated Thabo Lebakeng, Advanced Manager Tjudgment which has had huge Employee Relations, takes a look at implications for employers and employees. The case involved the dismissal more the Constitutional Court decision in the than seven years ago of Zingisile Sidumo (the applicant), who had been employed Sidumo v Rustenburg Platinum Mines Ltd by the Rustenburg Platinum Mines Ltd (the respondent) as a security guard since and the implications thereof for employers December 2 1985. Upon his dismissal in June 2000, he was a Grade II patrolman responsible for access-control in a high-security facility, with a clean disciplinary record. His dismissal for failing to apply established and detailed individual search procedures followed an internal disciplinary enquiry and an internal appeal. Sidumo contested his dismissal and subsequently referred an unfair dismissal dispute to the CCMA, where he successfully challenged his dismissal at arbitration. The CCMA commissioner found him guilty of misconduct but held that dismissal was not an appropriate and fair sanction in the circumstances. He reinstated Sidumo with three months’ compensation, subject to a written warning valid for three months. On receipt of the award, the mine applied to the Labour Court in terms of PLACE OF JUSTICE: The Constitutional Court in Johannesburg where the section 145 of the LRA (Labour Relations much anticipated judgment was handed down. Act 66 of 1995), to review and set aside the Commissioner’s award. The Labour Court der Westhuizen J, with whom Navsa AJ one that a reasonable decision maker could held that the award did not contain any concurred, were all unanimous in that, when not reach in the circumstances. reviewable irregularity and dismissed the deciding a dismissal dispute commissioners In a minority judgment in which application with costs. are not bound by the decision of the Mokgoro J, Nkabinde J and Skweyiya J The mine then took the matter on appeal chairperson in the disciplinary hearing. concurred, Ngcobo J held that this case with the Labour Appeal Court. The court did not require the court to decide whether held that dismissal was too harsh a sanction “This decision gives CCMA arbitration proceedings constitute was justified. administrative action. After failing in the Labour Appeal dismissed employees The Constitutional Court found Court, Rustenburg Platinum Mines decided a second chance to unanimously that, in deciding a dismissal to shop in a different forum. They referred dispute, a commissioner is not required their dispute to the Supreme Court of have their matters to defer to the decision of the employer. Appeal. This subsequent appeal resulted in However, the commissioner is also not given a success for the mine as it overturned the heard by an unbiased the power to consider afresh what he would decisions of both the Labour Court and the and impartial do in the circumstances but to decide whether Labour Appeal Court. the decision of the employer was fair. This decision left employees and unions commissioner.” This decision overturned the previous in the cold as it gave the employer unfettered Supreme Court of Appeal decision which discretion to dismiss as and when they felt The judges also concurred that gave absolute powers and rights to they needed to. This they would do because compulsory arbitration proceedings employers to determine the sanction with the CCMA commissioners were left with no undertaken by the CCMA constituted which non-compliance with the rules in the power to interfere with sanctions imposed administrative action but are not subject to workplace should be sanctioned. by employers. the Administrative Justice Act. It in turn gives dismissed employees a Sidumo then made an application for They also concurred that the standard second chance to have their matters heard leave to appeal to the Constitutional Court. to be applied by the commissioner in terms by an unbiased and impartial commissioner, Four judgments were written. Madala of the Labour Relations Act is whether the who is in a better position to determine and J, Moseneke DCJ, O’Regan J and Van decision reached by the commissioner is decide on the fairness of their dismissal. NPA News 9 NPA muscles in on healthy living ealthy and balanced living are a The VGM’s free gym facilities are helping priority for many people these Hdays. employees stay fit and strong, says As part of the NPA’s continued Employee Wellness Programme (EWP), Shadrack Monyai who runs them gym facilities have been made available at the VGM premises free of charge in an effort to assist employees to live as healthily as possible. According to Shadrack Monyai, who is in charge of the gym, it opened in 2002 but without a coach. “There was no one who was responsible for the gym but because I loved exercising, I decided to try to systemise the way it worked,” said Monyai. Because Monyai was an employee from Corporate Facility Managers (CFM) he sourced funding for his aerobics and personal training. “I began being the person in charge of the gym after I had finished my training,” he said. The gym has 25 members, with the most popular time to gym being during the lunch hour. “We have periods when we are very busy and everyone is coming to the gym – especially after the festive season – and PUUUUSH!: Shadrack Monyai, manager of the gym at the NPA then there are times we are very quiet,” headquarters in Pretoria, assists Clifford Rapoo, an administrative said Monyai. assistant, with his training. The gym offers a variety of activities, like aerobics, body building and toning. “We try to encourage people to use the NPA gym because we have a range of facilities that they can gain from.” The gym also hosts body-building and fitness competitions. According to EWP manager, Phuti Semenya, exercising should be an important part of everybody’s life. “Exercising promotes physical wellness, which in turn promotes good mental functioning,” she said. “The EWP unit will maximise the functioning of the gym and its value to the well-being of the organisation. We will be including the gym more and more in our corporate programme, and will look at ways at which we can contribute towards the improvements of its facilities.” Semenya said that EWP wants to create a link between professional and physical wellness, adopting a holistic wellness approach that includes aspects of approved policies and procedures, nutrition and more information to prevent lifestyle diseases. Employees are invited to send their comments and suggestions to the EWP unit. HAVING A BALL: Monyai and Rapoo work on strengthening exercises. 10 Ten years of the NPA

SECUTIN RO G P A L U A T N H

O O

I R

T

I

A T

Y N

1

8

0

0

y

0

e

2

-

a

8 r

s

9

9

Remembering the first days 1 Q: Give us an idea of how you got to In keeping with our theme of celebrating Ten Years come to the NPA, were you seconded, did you apply? of the NPA, Khasho chats to Hermione Cronje, A: I worked in Parliament as an assistant to the Chairperson of the National Council one of the pioneers of the NPA, who together of Provinces, Bulelani Ngcuka, who with former NDPP Bulelani Ngcuka and former became the first National Director. When he was appointed he had no staff. He Spokesperson Sipho Ngwema begun the work of asked me and his secretary in Parliament to assist him in setting up the office. I the National Prosecuting Authority. was initially seconded to the NPA by future of the Scorpions up in the air, it Parliament for three months. As I was certainly feels like the organisation is living in Cape Town and had not really facing its most serious challenge to date. planned on relocating to Pretoria, I did Doing high profile criminal cases is not intend to stay for longer than three certainly challenging and the fallout from months. However, the challenge of doing so is perhaps not very surprising. establishing the new NPA was exciting However, my personal feeling is that the and I eventually joined the NPA as a biggest challenge we face is still to make permanent staff member in January 1999 the criminal courts more functional. To and haven’t looked back! (I did make it ensure that when a case is enrolled, it back to Cape Town a year later, but still in will run speedily and will be prosecuted the employ of the NPA). effectively. The dust must, however, first Q: What was your professional settle on the two big cases currently in background before NPA? court. A: Before I joined the NPA I had been Q: Having been here for the past working at Parliament for close to two ten years, what are some of the key years after graduating with an LLB from achievements that you think are most UCT. Q: What were your expectations of the worthy of being celebrated by the NPA? IN THE BEGINNING: Hermione NPA? A: A lot has been achieved in the last 10 A: I did not have very positive Cronje, one of the first employees years. The image of the prosecution is expectations of the NPA. The prosecution of the NPA. changing. A lot is being done to improve at the time was not an institution which the conditions of service of prosecutors. enjoyed the confidence of the majority the environment)? The specialist units like the SSCU, AFU, of South Africans. It also was not an A: The office consisted of a few rooms SOCA and the Scorpions are making a real institution held in high regard in the legal in a building on Visagie Street. Apart impact.We really need to build on these profession. I did expect it to be a very from the people mentioned earlier Neil successes and make sure they become challenging place to work. Rossouw, an Attorney General without routine in the prosecution as a whole Q: What specific role did you play in portfolio also reported for duty on the first and not just in pockets of excellence. the beginning? day. There was very little in the office Personally, I also believe that we have A: In the beginning I was an assistant to by way of furniture. We had no phone reason to be proud of the suspended the National Director. I helped with speech working, no computers, and hardly any NDPP, Advocate Vusi Pikoli. writing, I prepared the agenda and minutes furniture and definitely no kettle to make Q: How can you describe the role of the of meetings of the National Director with coffee. NPA in the fight against crime in South the old Attorneys General and did just Q: How have you moved or progressed Africa? about everything else from motivating for in the NPA? A: We have a very important role to play a budget for the organisation to helping A: I have now been in the NPA for 10 in the fight against crime. We are the gate- secure furniture for the office. years. I left the National Director’s office keepers to the criminal justice system. Q: Who did you work with? and decided to start my career as a legal We decide who will be prosecuted and A: The National Director and Sheila, the practitioner in the Asset Forfeiture Unit. who not. We need to appreciate fully secretary to the National Director, as well I am now Regional Head in charge of the what responsibilities this places on our as Sipho Ngwema, his spokesperson and Western Cape office of the AFU. shoulders and do our best to exercise Garbriel Sewele, who was seconded from Q: What do you think about some of the this function responsibly. There is so the Department of Justice to draw up the challenges the NPA has faced in the past much potential in the NPA to make a real first budget for the NPA. ten years? difference so that people in this country Q: Give us an idea of what you A: The NPA has faced several challenges can live in freedom and security, I look remember about the very first day, who over the past 10 years, but with the forward to us making this impact over the and what was in the office (a picture of National Director suspended and the next 10 years. Staff News 11

SECUTIN RO G P A L U A T N H

O O

I R

T

I

A T

Y N

1

8

0

0

y

0

e

2

- a

8 r s

9

9

1 Zooming in on staff wellness he leadership of the NPA is taking the Exco staff lead by example when they took HIV lead in the fight against HIV-Aids. TAt the NPS Admin Conference in and other health-related tests at a conference Cape Town in January members of Exco led by example when they took public HIV and other health-related tests. Among those who took the tests were acting NDPP Adv Mokotedi Mpshe, acting CEO Beryl Simelane and the Chief Financial Officer, Brian Graham. It was hoped that this would encourage other staff members to be tested. The tests formed part of this year’s Employee Wellness Programme. The EWP unit is rolling out a series of Aids- awareness campaigns which will include making voluntary testing and counselling services available. It also aims to: l Promote employees’ timeous access to KNOW YOUR STATUS: Acting CEO Beryl Simelane takes a public HIV test. the prevention, treatment, care and support services offered by the NPA and others; and manage HIV-Aids and other diseases. Lusu advised employees to regard l Eradicate stigma and discrimination Officials from the departments of wellness days as an aspect of work and not against employees living with or affected Justice and Correctional Services and the just relaxation time. by HIV-Aids; SAPS were invited to the event. Officials He urged all employees to take l Promote the benefits of the voluntary from the Department of Health were there precautions against HIV-Aids and other counselling and testing services; and to help with counselling and testing. diseases like hypertention, stress, and l Create a caring and supportive The SA National Blood Bank was there diabetes. environment in the NPA. to encourage people to donate blood. Phuthi Semenya of the Employee Recently, the EWP unit held an Aids and A fun walk was held on the day Wellness Unit says these awareness wellness event at Mthatha, Eastern Cape. and among those who participated was campaigns also encourage staff members It aimed to inform employees about the Mthatha’s Director of Public Prosecutions to screen for other health problems like need for continuous screening to prevent Advocate Humphrey Lusu. diabetes and high cholesterol. International teamwork gets crooks nabbed W Mahlati SC, Director of Public which he had stolen. photographs of the farms. Prosecutions in the Eastern Cape, Officials from the Norwegian In East London, the investigators Lwarns criminals to stay out of the National Authority for the Investigation interviewed the accused’s auditors in province as they don’t stand a chance. and Prosecution of Economic and search of evidence of the flow of funds On Valentine’s Day, a Norwegian Environmental Crime approached the NPA from Norway to South Africa. Court sentenced Ivar Thorer Henrikson to for assistance. They were asked to gather Four potential prosecution witnesses eight years imprisonment for corruption. evidence in the Eastern Cape against had to be questioned. Henning arranged for He was also ordered to pay a fine of about Henrikson and his son, Pål Henrik. these to take place and led the examination R36 million. In addition, eight game A senior official from the Grahamstown of the witnesses before the magistrates. farms that he owns are to be forfeited to DPP office, Adv Nico Henning, was Henning did a sterling job, contributing the Norwegian authorities. appointed to assist them. to a successful prosecution. What has this to do with us? Well, this Over the course of two weeks in The assistance of the Asset Forfeiture story has a definite South African, and March 2007, the investigators, assisted Unit may be sought in future to assist in particularly Eastern Cape, connection. by Henning, visited the game farms to the repossession of the forfeited farms. The accused bought the game farms, trace the stolen implements. This case is proof that, as a result of which are near Grahamstown, with They found several containers in international co-operation, the world has money he embezzled from the Romerike which the implements had been shipped. become too small for skelms. Public Water Utility Company in Norway, The police provided the use of a spotter The long arm of the law is capable of of which he had been the CEO. plane which enabled the investigators reaching from the Norwegian fjords all He stocked some of the farms with to conduct a low-level aerial search to the way to an Eastern Cape game farm, to implements belonging to the company, trace stolen property and obtain aerial successfully nab a crook. 12 Staff News

FOCUS ON HEALTH

WELLNESS DAY: The DPP Mthata office came together on Valentines Day to raise awareness about healthy living and to raise awareness about of HIV-Aids in the workplace.

I am what I am APPOINTMENTS A poem by Clive Kilian, Senior Public Prosecutor Port Elizabeth. DPP BLOEMFONTEIN I am from the dusty streets of Kliptown, refuse to be bedfellows with the vipers l Bidhsum Somaru and Antonette the hills of Helenvale, the rivers, and rattlesnakes who peddle DRUGS Ferreira – Senior Advocates. and CRIME and where the development streams and valleys of Bethelsdorp and DPP KIMBERLEY of the people cannot be sustained in the the concrete streets of Arcadia. l Ruben LIgaraba – Chief midst of death and hopelessness. I am a doctor, lawyer, teacher, factory Prosecutor. worker, mother, father, sister and I am from Kliptown, Helenvale, DPP MMABATHO brother, birthed from places like Bethelsdorp and Arcadia where the l Madumetje Jeffrey Matlou – mothers, fathers, teachers and children Kliptown, Helenvale, Bethelsdorp and Advance Deputy Manager: General demand that the shameless destruction Arcadia. l Kgomoco Ojeng – switchboard of a future generation must stop! I am from places like Kliptown, operator. Helenvale, Bethelsdorp and Arcadia I am from places like Kliptown, l Baitse Thuto Lekoma has been where the stench of stagnant water Helenvale, Bethelsdorp and Arcadia, transferred to Lichtenburg as mingled with the sweet aroma of where the strength of my character Advanced District Court Prosecutor breakfast. has been moulded and shaped to l Obed Molope has moved to The breakfast which, for some is nothing realise that there is hope and a better Bafokeng as Advanced district else, but the consumption of cocaine, tomorrow. court Prosecutor. marijuana and alcohol. The sweet aroma I am what I am because of all these DPP PIETERMARITZBURG of cocaine, marijuana and alcohol that challenges. I have confronted these Sindiswa Kunene – Court carried a message of death, which challenges, I have overcome them, and Preparation Manager threatened my very existence. now I know that there is indeed a better Ashton Pillay – Regional Court I am from places like Kliptown, tomorrow! Prosecutor in Pine Town. Helenvale, Bethelsdorp and Arcadia I am from places like Kliptown, DPP MTHATHA where our children are faced with their Helenvale, Bethelsdorp and Arcadia l Ntombizine Bandla – Court biggest challenge: the common enemy of which forms an undeniable part of the Preparation Manager humankind: DRUGS and CRIME! African continent. I am from these places where the people I am what I am. I am an African!

Send your news – serious and funny – as Publishing Editor: Phumzile Kotane well as letters to the editor to Khasho at – NPA Communications Unit [email protected] Consulting and Managing Editor: Charmeela Alternatively, fax your stories and Bhagowat of Paula Fray & Associates Your information to Phumzile Kotane at Sub-Editing: Paula Fray & Associates Action 012 843 2141 Layout and Design: Paula Fray & Associates COUNTS