Justice and Constitutional Development South Africa

Racial split over Hlophe

2006-12-23T11:52:00.000-08:00

The Judicial Service Commission (JSC) was reportedly split along racial lines as it deliberated on what to do about the most recent complaint against Cape Town Judge President John Hlophe.

The full 23-member JSC panel met in a conference room at OR Tambo International Airport to discuss the matter in a meeting described as protracted and heated.

At issue was Hlophe's retainer from Oasis, a Cape Town-based financial services company, as well as impeachment charges brought by an angry advocate. The JSC ultimately cleared Hlophe of conflict of interest charges for a retainer payment he receives from Oasis. The JSC said it could not contest his view that he had received permission from the late justice minister Dullah Omar to receive the payment.

"After consideration of the evidence at present available to it, the commission decided that there is no evidence to contradict Judge President Hlophe's assertion that he had received oral permission from the late minister of justice Dullah Omar. In the circumstances, the commission decided that no useful purpose would be served in pursuing the matter any further at this stage," the statement read.

According to inside sources, the JSC was split into two camps, with one group pushing very hard for Hlophe's exoneration while another "faction", apparently led by George Bizos, maintained that there should be a thorough public investigation into the matter before a finding could be made.

The Mail & Guardian was told that the "Bizos group" argued strongly that the public was entitled to know how the JSC came to its findings.

Hlophe's time on the Cape Town bench has been controversial. He has had numerous racial clashes, including one with his deputy, Janet Traverso, and he has been implicated in two conflict-of-interest cases.

"Unfortunately we heard that the JSC was pretty divided and mainly along racial lines," a senior Johannesburg lawyer, who wants to remain anonymous, said this week.

The JSC's decision has stunned members of the legal fraternity in Cape Town because it appears that the ruling relied solely on Hlophe's testimony, which he apparently made verbally while not under oath. The Oasis Group allegedly refused to comply with the JSC's request that it provide records of its payments to Hlophe on the grounds that the JSC did not have the power to compel it to do so.

"All these rumours and stories about what happens behind closed doors at the JSC show that the system is fatally flawed. The public can't trust it because nobody really knows what happens," said advocate Norman Arendse, past chairperson of the General Council of the Bar.

"The irony is that we have a wonderful court system, which is open to the public. We don't know what evidence was put before the JSC. Was it pieces of paper? Was it sworn statements? We just don't know and therefore, quite rightly, it's called a whitewash or a blackwash -- whatever takes your fancy. It's terrible and it shows that a different set of rules count for the public and for judges. This process shows that we are not all equal in front of the law," Arendse said this week.

The M&G asked three judges, two MPs and two advocates whether they knew of any precedents of oral permission being granted, and they did not.

Steve Swart, of the African Christian Democratic Party, laid the complaint with the JSC against Hlophe, claiming a potential conflict of interest after it was revealed that Hlophe was on Oasis's payroll.

Under Hlophe the Cape Bench has had to make a high court ruling on business dealings of Oasis and will soon have to preside over continuing litigation concerning this company. Judge Siraj Desai, a high court judge and colleague of Hlophe, is being sued by Oasis. A high court judge cannot simply be sued; one needs permission to do so, and Hlophe granted this permission.

Hlophe claimed he was merely a trustee of the Oasis Group and that the funds paid to him were for his petrol expenses. Hlophe, like all other judges, has access to a free car and petrol for business and private use.

Four months ago a senior member of the Cape Town Bar, Peter Hazell, also instituted impeachment proceedings against Hlophe for "contempt of court, bringing the administration of justice into disrepute, conduct unbecoming of a judge and gross incompetence".

He requested that the JSC investigate a variety of complaints against Hlophe. In a public statement the JSC responded to the impeachment last week, saying it was still waiting for Hlophe to respond to the JSC's requests for information related to the charges.

A senior judge who asked to remain anonymous said this week: "The JSC doesn't have the legal teeth to do anything about Hlophe. The man is an embarrassment to the institution and he's a racist. He acts with impunity because he knows that his skin colour protects him. If a white judge has said and done the things Hlophe has done, he would have been out on his ear before the sun rises the next day."

When asked about the move to impeach him, Hlophe said this week that he had "no comment".

Who sits on the JSC?
The Judicial Service Commission (JSC) has 23 members, but nobody was willing to reveal who sits on it. The Mail & Guardian approached JSC spokesperson Inez Greenstein, but she refused to divulge the full member list.

However, the M&G has established that the following people are among its members:
Chairperson Judge President Pius Langa
Vice-chairperson Judge Craig Howie
Advocate Marumo Moerane
Advocate Seth Nthai
Advocate George Bizos
Advocate Milton Seligson
Advocate Julian von Klemperer

Conviction rate only 30%

2006-11-17T12:14:00.000-08:00

Only 30 per cent of criminals arrested for armed robbery in Uitenhage over the past financial year have been successfully convicted.

This was revealed after an armed gang robbed at least 12 businesses in central Uitenhage over six weeks in June and July this year.

In response to a parliamentary question put by Wilhelm le Roux (DA), Safety and Security Minister Charles Nqakula said 256 armed robberies had been reported in the Uitenhage area between April 1, 2005, and March 31 this year.

He said the police had arrested 76 individuals connected to the robberies, but only 23 of those, or 30,3%, had been successfully convicted.

“Manpower has been capacitated by calling up and deploying reservists to execute duties in the CBD areas where most armed robberies occur,” Nqakula said. “Meetings with business owners are held regularly to alert the community.”

The minister said an SMS system had also been implemented which allowed the police to notify all business owners on the database when an armed robbery took place in the CBD, so that precautions could be taken.

“A collective plan was compiled and is updated monthly. As a result armed robberies have decreased,” he said.

Le Roux said he was thankful that the police were taking the spate of armed robberies in Uitenhage seriously, but the figures clearly showed that the police simply did not have the capacity to address the problem.

“I‘m glad the police are reacting, but a 30% conviction rate is simply not good enough.”

Le Roux said there was clearly a lack of manpower in the police. Businesses were being forced to turn to private security companies, at their own expense, to protect their premises.

“It is not just the police, though. The whole justice system is clogged up.

“The courts simply cannot handle the case load and, even if a person is convicted, the chances of his being released early are significant because the prisons are overcrowded.”

Police spokesman Superintendent Priscilla Naidu said it was important to make a distinction between the number of arrests and the number of cases opened.

“It is possible that one person could be linked to more than one armed robbery,” she said.

She could not say whether a conviction rate of 30% for armed robberies was above or below Uitenhage‘s general conviction rate.

Agliotti arrest shows Selebi in a good light

2006-11-17T11:21:00.000-08:00

The arrest of businessman Glen Agliotti clearly shows police National Commissioner Jackie Selebi "in a good light", Deputy Minister of Justice and Constitutional Development Johnny de Lange said at a news conference on Thursday.

He and his principal, Justice Minister Brigitte Mabandla, were asked at Parliament whether, given the breakthrough in the Brett Kebble murder case, they were prepared to comment and whether it "put a cloud" over the national commissioner -- who has publicly acknowledged that Agliotti is a friend.

Mabandla said she expected Safety and Security Minister Charles Nqakula to make a statement later on Thursday. It was expected that this statement would be made in the National Assembly, although this was not yet clear.

Agliotti was arrested on Wednesday evening at his Bryanston, Johannesburg, home and was scheduled to appear in court on Thursday afternoon.

The Scorpions in September raided premises belonging to Agliotti, whom they have identified as "the Landlord", a kingpin in a major drugs and contraband cigarette syndicate.

The raid has placed Palto, a murky security company that freelanced for the police, in the spotlight.

The search warrant lists Agliotti as a suspect alongside members of Palto, as well as senior police officials who were Palto's contacts at police headquarters.

Allegations that Palto served as a cover for a crime syndicate remain unproven, but available evidence serves to reinforce the suspicion that the contraband syndicate was improperly linked to police at the highest levels.

Selebi, who has tried to downplay his friendship with Agliotti after initially saying that Agliotti was "my friend, finish and klaar", allegedly was close to Palto too.

Kebble was gunned down in Melrose, Johannesburg, in September 2005. He had just visited Matodzi Resources boss Sello Rasithaba, it was reported at the time.

Mabandla said on Thursday that "the minister and Department of Safety and Security will be making a statement ... they should if they feel it warrants a comment".

She said all she could do was repeat what the minister had said in the past. "You know at the moment there is not any investigation against the commissioner ... that I know of ... and that indeed if people feel that they have information they should come forward. I am repeating what the minister of safety and security said in the past."

Asked about a story that was run about the commissioner removing Judge Willem Heath from the Kebble investigation and other forensic experts, De Lange simply said that if there was such information this should be provided to the police.

Media reports said earlier this month that former Airports Company South Africa security head Paul O'Sullivan had confirmed that he was a source of a 700-page document that alleged that Selebi had close links with crime bosses.

O'Sullivan said he had handed the document over to the Scorpions in March this year after an unsuccessful six-year battle to have Selebi investigated by the Independent Complaints Directorate.

Error of judgment

2006-11-16T01:31:00.000-08:00

The error contained in the Supreme Court of Appeal’s (SCA’s) judgment in the civil asset forfeiture case that arose from Schabir Shaik’s corruption and fraud convictions could not have come at a worse time for the South African judiciary.

Judges all over the world are under constant scrutiny at the best of times, but in the South African context a little over a decade after the end of apartheid, there is mounting pressure for the racial makeup of the judiciary to reflect that of the population, and for the courts to pass judgments that are sensitive to the country’s fraught political history. While the complexion of the lower courts has changed markedly over the past decade, many of the country’s most experienced judges were appointed and served under the previous regime.

It was only a matter of months ago that government reluctantly backed off after a concerted effort to push through amendments to the laws governing the courts that were ostensibly intended to improve the efficiency of the system. Many, including eminent jurists, feared they would in fact impinge on the independence of the judiciary.

Transformation of the courts remains high on the national agenda, however, and the SCA’s error in repeating the media’s mistaken attribution of the phrase “a generally corrupt relationship” to Judge Hilary Squires, who presided over Shaik’s criminal conviction, will play into the hands of those in the establishment who believe they might gain by limiting one of the essential checks and balances on political power.

Already the Congress of South African Trade Unions has called for former deputy president Jacob Zuma to be reinstated, on the assumption that he can no longer get a fair trial, and that his dismissal by President Thabo Mbeki was at least indirectly influenced by incorrect media reports that attributed the phrase to Squires. It does not seem to matter that a review of the speech Mbeki made to Parliament at the time reveals that he did not refer to the phrase in question.

Of even more concern is the South African Communist Party’s suggestion that the error was politically motivated, reinforcing its contention that there is a broad conspiracy to prevent Zuma from becoming president. The public perception of the independence of the judiciary has been repeatedly undermined during the ugly battle that is being waged over who should succeed Mbeki as president of the African National Congress, and therefore the country. The SCA’s error provides more ammunition for those who either do not understand, or do not care, how serious the consequences would be for the nation were it to become generally accepted that the judiciary is politically biased. Calls for the SCA judges who presided over Shaik’s appeal to resign are therefore mischievous and irresponsible.

There is, however, no avoiding the conclusion that both the judiciary and the media who made the error in the first place and compounded it through repetition, have a lot of soul-searching to do. That does not imply that the SCA would have come to any decision other than to uphold Squires’ judgments had the phrase “a generally corrupt relationship” never entered the discourse. Other phrases that were used in the judgment were just as damaging to Zuma, if not more so. Squires spoke of a “mutually beneficial symbiosis that the evidence shows existed” and of payments to Zuma by Shaik that “can only have generated a sense of obligation in the recipient”.

Had the phrase “a generally corrupt relationship” been used by the media without the quotation marks, attributed indirectly to Squires as a summary of his central findings, there would have been no cause for complaint. The power of punctuation apparently surpasses the might of both pen and sword.

Cops on R25 000 booze cruise

2006-11-12T11:17:00.000-08:00

Cape Town traffic cops were taken on a R25 000 "booze cruise" in Table Bay harbour by Labat Traffic Solutions, the company that holds a lucrative contract to operate the City of Cape Town's speed cameras.

Labat said it had invited officers with whom it worked closely to its year-end function as a "gesture of appreciation". Metro Police chief Bongani Jonas has ordered an investigation into the three-hour excursion, which took place during working hours.

Labat holds a controversial five-year contract with the city to supply speed cameras and other traffic enforcement equipment and to administer the collection of traffic fines. It gets 50 percent of all speeding fines plus 25 percent of all other traffic fines.

At midday a select group of traffic officers from the speed enforcement section were seen laughing and joking as they waited to go on their cruise from the Waterfront. Labat works closely with this section.

The city has been trying to limit the monthly cost of the contract with the company, run by former South African Rugby Union chief Brian van Rooyen.

Bongani Maqungwana, executive support officer for Dumisami Ximbi, mayoral committee member for safety and security, said it was "very problematic" that a city contractor had entertained a group of selected officials.

He also questioned why these officials were allowed to go on the cruise in working hours, and said it should have been cleared with Metro Police management.

"Bongani Jonas was shocked when I told him and said he would launch an urgent probe into the matter," Maqungwana said.

Another senior city official, who asked not to be named, said: "Entertaining clients in the business world is normal practice but it is highly irregular when large amounts are spent on officials by a private contractor that is a service provider - particularly if such a contractor is dependent on the city for its income."

Weekend Argus was told about the trip by a group of traffic officers who said it raised serious questions.

A copy of the invoice obtained from the charter boat company showed that at least R5 000 was earmarked for booze.

Council safety and security committee chairperson JP Smith said the trip was a "work-related year-end function" which had been sanctioned by department heads.

But Labat spokesperson Shaheed Mohamed said the trip was his company's year-end function and only a selected number of officers who worked closely with the company had been invited.

Mohamed acknowledged that the performance of traffic officers was "a factor" in determining Labat's income from the city.

The company would also hold a more formal function for top management which would include invitations to city management staff.

"The officers, 28 of them, who we invited were those working at the coalface who were too busy to be taken off duty in the peak season coming up now," Mohamed said.

"But I know who leaked the story about our boat trip. I had been warned to expect some trouble.

"We invited just officers from Operation Reclaim, and then those who we did not include spoke out."

Officers attached to Operation Reclaim focus on warrants of arrest which have been outstanding for extended periods and unpaid traffic fines. Labat administers these cases and collects a percentage.

In April, city manager Achmat Ebrahim ordered an internal audit into the council's contract with Labat following an investigation that revealed the city had taken over the execution of all traffic warrants of arrest from Labat, even though the company was still being paid to do the task.

Labat's contract has been dogged by controversy.

Twice the company was given notice by the city to jack up its performance. The invalidation of 44 000 camera fines last year was conservatively estimated by traffic officers to have cost around R8,8-million in lost revenue, half of which would have gone into city coffers.

From the outset questions have been raised about the tenders to Labat, especially against the backdrop of the firm's holding company, Labat Africa, being R14-million in debt.

Mugabe is abusing SA courts

2006-11-11T12:33:00.000-08:00

BUSINESSMEN in South Africa are calling on President Thabo Mbeki and South Africa to put to an end the abuse of South Africa institutions and courts by the Zimbabwe government.

Parmanathan Maremuthe, Chairman of EEC Properties Limited, Africa Heritage Management Services Private Limited and Director of Africa Resources Limited, expressed shock and dismay at how President Robert Mugabe of Zimbabwe was using white lawyers to lie to the South Africa courts that Mugabe was the most honourabloe man.

Speaking on the sidelines of a court case pitting the Master of the High Court versus SMMZ,Maremuthe said it was shocking that the team of white lawyers were contesting the decision set aside by the Master of the High Court, a move that showed that they had no respect for the Master.

Maremuthe, a business partner to Zimbabwean businessman Mutumwa Mawere, disclosed that Mugabe was justifying his property and company seizures in SA courts through unconstitutional laws that had been promulgated in Zimbabwe.

“Does Mbeki know that this is what is happening in South Africa’s courts.This is simply ridiculous and can not be allowed to go on.

“Mugabe has been using the Reconstruction of State-Indebted and Insolvent Companies Act (Chapter 24:27) and the Temporary Measures for State-Indebted companioes and a host of other laws.

“Zim laws are more powerful than all jurisdictions. They are applicable in all foreign countries, even though the laws do not recognize the right of shareholders, do not respect propery rights, and have no respect for foreign jurisdictions, “ said Maremuthe.

Maremuthe said the S.A government in its allowing Zimbabwe to bring cases to SA courts through unconstitutional laws promulgated in Zimbabwe, the S.A government was effectively endorsing a corrupt government.

“ Our plea to the S.A government is for Mbeki to put a stop to the S.A courts from entertaining all these actions brought by the government of Zimbabwe,” said Maremuthe.

He said that it was disheartening that the Mugabe government was using a team of white attorneys who did not respect the Master of the High Court, and that for any successful black businessman to exist the foundation of his business is corruption.

“The lawyers being used by Mugabe do not trust blacks. They are stealing money from our companies and using that money to fight us, ” added Marimuthe.

His views were also supported by his business Co-Director, Mutumwa Mawere who said that S.A institutions were being tested by the Zimbabwe government.

“It is a precedent setting case where the S.A judiciary system is being tested and an army of mercernary lawyers, like barbarians, are the real beneficiaries of the expropriation of private assets in Zimbabwe,” said Mawere.

“ Can you imagine that in Zimbabwe the government uses a high moral ground alleging that SAS owed SMMZ about US$20 million, when in truth and facts, they have failed to date, to prove the claim, preferring to hide and seek while pillaging my assets.

“ They have only proved a claim of R82 000. And for such a claim it is ironic that it attracts the attention of a high powered team of lawyers who are paid more than R400 000 per court session,” explained Mawere.

The Friends of Zimbabwe Coalition was present at the court hearing on Thursday and said that it was calling on Mbeki to put a stop to this nonsense by Mugabe using the SA courts to grab properties of Zim businessmen in South Africa.

“The government of Zimbabwe is good at pissing at corporate bodies and individuals, but does not want you to say anything in defence,” said Jay Jay Sibanda, Pretoria Chapter Chairperson.

“Our appeal is to Mbeki and the SA government to stop Mugabe to use the SA courts to legitimise company seizures and his corrupt government,” said Sibanda.

The FOZC , a South Africa based group that advocates for property and human rights, sometime back demonstrated against the lawyers representing the Zim Government and demanded that they sever ties with the corrupt regime.

Ructions rock Scorpions

2006-11-06T04:14:00.000-08:00

In the latest blow to the beleaguered Scorpions a top state advocate employed by the unit has been arrested on allegations that he fraudulently obtained a South African ID document.

Lehlakano Ramaema’s case could have serious implications, including the possibility that convictions he secured might not stand, one legal expert warned recently.

It has also emerged that the National Prosecuting Authority’s chief executive officer, Marion Sparg, and her deputy, Beryl Simelane, have been put on special leave pending the outcome of the disciplinary process relating to alleged mismanagement of funds and tender irregularities.

Lesotho national Ramaema joined the Scorpions in 1999 as a senior state advocate. He was arrested by police last week after an investigation revealed that he provided false information to the home affairs department when he first applied for an ID book in 1995.

The investigation also revealed he did not have the necessary qualifications to work as an advocate in South Africa. According to information provided to the Pretoria Magistrate’s Court this week, Ramaema has a BA Law from Lesotho.

Ramaema’s role at the NPA included management of court rolls and inspections, deciding on criminal proceedings of a complex nature, drafting charge sheets, leading and cross-examining witnesses, and addressing courts on convictions and sentences in high-profile cases. He was also responsible for the supervision and guidance of advocates, prosecutors and other stakeholders. As a senior advocate he earned about R300 000 a year.

Praveen Sham, president of the Law Society, said Ramaema’s case could have serious implications for the state. “The possibility is that if he dealt with criminal cases one would look at whether the convictions can stand. Almost everything he did would be illegal and people might want to take their cases on review.”

Sparg and Simelane took special leave from Wednesday this week to attend to the internal disciplinary proceedings. They reportedly face nine allegations ranging from financial misconduct and misappropriation of funds to contravening the Public Finance Management Act.

The entire NPA management has been under investigation for alleged financial mismanagement and irregularities by the Public Service Commission since 2004, although most of the implicated managers have resigned.

The commission’s investigators have reported to Justice Minister Brigitte Mabandla, but their findings have not been made public.

A report claimed the investigation found irregularities in the awarding of tenders to companies and individuals close to the NPA’s top echelons. It said the probe had fingered Sparg, Simelane, HR head Elize Roos, senior finance manager Khaya Makinana, senior procurement manager Vallabh Bhika and the head of the integrity management unit, Dipuo Mvelase.

Sparg, well known as a former Umkhonto weSizwe guerrilla, was also investigated over her role in the awarding of a R3,2-million tender to a businessman to whom she was close.

Although the justic department drew up a draft charge sheet indicating the implicated officials faced charges of tender-rigging, misappropriation of funds and financial misconduct, NPA chief Vusi Pikoli reportedly said the charges related only to poor administration in the NPA between 2001 and 2003.

Judge embroiled in child pay row

2006-10-29T11:32:00.000-08:00

A Pretoria High Court judge is refusing to pay child maintenance to his former lover, saying the paternity-test results showing a 99,99 percent probability that he is the father of her illegitimate son are inconclusive.

Judge Ntsikelelo Poswa - who was recently criticised by the Supreme Court of Appeal when he released two suspected murderers on bail - is involved in a maintenance dispute with his former lover, Yolisa Maya, 48.

In a sworn affidavit Maya, a special legal adviser to Foreign Affairs Minister Nkosazana Dlamini-Zuma, states that she and Judge Poswa were involved in a relationship in 1992 and that she conceived a child, who is now 13 years old.

Maya says she had an on-and-off relationship with Judge Poswa for seven years. When her son was born, in January 1993, she says she did not want to question the child's paternity with the judge as "I knew there was a likelihood he might not be the father of my son". When the boy was conceived she had just ended a relationship with another man.

In 2001 she raised the issue of paternity with Judge Poswa and they agreed to undergo blood tests. "The results came out showing that there was a 99,99 percent probability that he (Poswa) was the father. Up to that point he had not had a relationship with my son. He accepted the results, came and introduced himself to the child as his father and started paying maintenance of R1 000 a month," Maya states in her affidavit.

"However, he paid for four months, then told me he was opting out as he had been advised that blood tests were not conclusive proof of paternity."

It was then that she took the matter to the maintenance court. Judge Poswa told the presiding magistrate that as Maya had been involved with another man, that man should undergo paternity tests. The magistrate agreed with the judge, and it was then that she lost interest in the matter and abandoned it.

In August last year, however, Maya began pursuing the issue again because she felt "my son will continue being dealt an injustice". She persuaded Judge Poswa to undergo genetic profiling because she was advised that that was conclusive.

"We were tested together with the child at Jacaranda Hospital. The results came out reflecting (99,99 percent) the same degree of probability that he is the father. Once again he told me that he would not accept the results unless they specifically stated that there was a 100 percent probability that he is the father," says Maya.

"His rationale for this attitude was that there was a chance that, out of the remaining 0,01 percent, there could be someone whose genetic make-up was identical to his."

After Judge Poswa once again refused to accept the results, Maya went back to the maintenance court to seek relief.

During the hearing in July this year, the magistrate, a Mr Von Reich, claimed he could not recall the 2001 hearing he had presided over, and suggested that the matter be heard by another presiding officer, says Maya, adding that Von Reich had indicated this was because the court record could not be found and he had lost his own handwritten notes.

When the matter resumed in August, the magistrate ruled that he was withdrawing and that the case would have to start afresh before another presiding officer.

"Judge Poswa has since filed an application for review of the magistrate's decision, with the purpose that the magistrate must change his mind, reconstruct the lost record of proceedings and continue with the matter again. As such we are now waiting for the High Court to allocate a date for the hearing of the review proceedings," states Maya in her affidavit.

She adds that she felt frustrated and aggrieved by the delaying tactics applied by Judge Poswa. "In my matter there are two sets of results: blood tests and genetic profiling. However, the respondent is walking all over the law, claiming he will only admit responsibility if the results reflect 100 percent probability of his paternity - something I've never heard of.

"The respondent is a judge of the honourable High Court of this country who is expected to dispense justice and pronounce objectively on matters of this nature. However, he seems not to respect the very laws that he is supposed to interpret in the performance of his mandate as a judge ... What chance do we stand as women of this country when we are made to appear before a so-called judge who appears to hold a callous disregard of his own laws?"

Travelgate politicians on tenterhooks

2006-10-22T12:46:00.000-07:00

Top politicians, including cabinet members, are poised to receive notification from parliament that their names appear on a forensic report on Travelgate that parliament is under pressure to disclose.

The potentially explosive report, compiled by auditors PriceWaterhouse Coopers at parliament's request, has been kept under wraps for more than two years, leading to claims that justice has been applied selectively and that "big fish" are being protected in the multi-million-rand travel voucher scandal.

Last weekend it was reported that parliament responded to a request for the report from the Open Democracy Advice Centre by saying that third parties needed to be notified before the report could be released.

This weekend parliament's presiding officers issued a statement confirming that parliament was likely to disclose the report, possibly within a month.

The presiding officers said that in response to a request for the report from the National Prosecuting Authority (NPA), parliament had sought legal opinion and was advised that the report might well be a record as provided for in the Promotion of Access to Information Act.

Parliament was taking reasonable steps to inform the third parties involved who, in terms of the law, had the right to argue against making the report public. These people had three weeks to either consent to or oppose the move.

The Cape high court this week heard from lawyers representing accused travel agent Soraya Beukes that they needed access to the 2004 report.

Reuben Liddell, counsel for Beukes, told the court that his instructions were that people who were mentioned in the report had not been prosecuted. His client was unable to prepare for trial without it. The state's lead counsel, Jannie van Vuuren, SC, said he would try to help. Parliament's presiding officers this weekend said, however, that the approach made to them by Liddell did not amount to an official request for the report.

The top-secret forensic report catalogues a variety of misuses of travel vouchers, with air tickets having been cancelled, cashed in or issued for lengthy journeys that were never undertaken.

It is understood that not everyone whose name features in the report is regarded as having been complicit in the alleged fraud. Instead, many members of parliament whose names were used for such fictitious travel claims were themselves innocent victims, while others found themselves sucked into Travelgate after private travel was billed to parliament.

There are consistent complaints from angry backbenchers, however, that while many politicians became caught up in the investigation into Travelgate, only the "little fish" had been hauled before the courts.

They point for example to a senior parliamentary office bearer who took family members on a trip to Victoria Falls using parliamentary travel vouchers. This MP was not among those who were prosecuted by the NPA.

The ANC has denied influencing the process in any way, and emphasised that the decision to prosecute was taken by the NPA alone.

Sixteen MPs, past and present, plea-bargained earlier this week and at least three more pleas are imminent.

The future of those who remain in parliament remains in question. Five other MPs who previously plea-bargained were forced to resign their seats, but the ANC has not made a decision on the recent plea bargains and the issue is a matter of heated dispute in the party.

NPA accused of cover-up

2006-10-20T02:13:00.000-07:00

Senior officials of the National Prosecuting Authority have expressed fears that it is engaged in a cover-up of the extent to which its staff looted at least R1-million from the C-fund, set up to pay off informers.

A top-secret dossier, prepared in December 2004, contains information relating to the alleged misuse of funds by more than 20 officials, including senior investigators, senior special investigators and advocates. While the dossier, which includes an internal Scorpions report, recommends further investigations of all those involved, only two senior officials appear to have been investigated and prosecuted.

Former director of investigation within the Directorate of Special Operations (DSO) Jeff Ledwaba and the former head of strategic operations, Ayanda Dlodlo, were arrested last Friday on charges of theft, fraud and corruption relating to the C-fund.

The allegations relating to Ledwaba was first reported in May last year, when he was alleged to have misappropriated about R650 000 from the informers’ fund. Ledwaba has since resigned from his post. Dlodlo, who has also left the Scorpions, faces two charges of theft for allegedly stealing more than R80 000 from the fund.

The internal report paints a picture of deliberate misuse of money by officials. In some instances, the report says, investigators utilised the C-fund to pay for liquor, cigarettes and even relatives’ funerals. It highlights more than 10 instances in which officials claimed cash totalling R270 000, without providing the necessary documentation to the fund’s administrator.

Although the C-fund’s policy states that no advances would be allowed if more than three claims were outstanding, the report shows this policy was not adhered to.

Among those fingered by the report for failing to provide the necessary documentation in support of claims are two advocates and five senior investigators whose names are known to the M&G.

The amounts for which individuals did not file claims range from R45 000 to R287 455. The total undocumented claims amount to R741 225.

South African Police Service spokesperson Dennis Adriao could not say whether more Scorpions’ officials were being investigated, but police insiders told the M&G that Scorpions chief Leonard McCarthy had prevented police from obtaining further information needed for the investigation.

National Director of Public Prosecution Vusi Pikoli was last week reported as saying the fact that only Ledwaba and Dlodlo were arrested, showed there was no widespread corruption within the unit.

A memorandum was written by “concerned officials” within the Scorpions and addressed to the minister of justice, the national director of public prosecutions and the national commissioner of police.

In the memorandum, the officials say they wish to remain anonymous for fear of “persecution”, but outline their unhappiness with what they describe as selective prosecution, and accuse the NPA of covering up for some officials. They also accuse Pikoli of lying to the public when he said there was no widespread corruption within the Scorpions. “We believe this to be a lie,” reads the memorandum.

“It is well known that the investigation on the account was initially aimed at certain known 3 white investigators with the DSO. “Mr Ngcuka [the former national director] directed the IMU to investigate these investigators in 2004.”

No outcome in probe

2006-10-12T08:27:00.000-07:00

The Judicial Service Commission (JSC) is still investigating whether there are grounds to impeach Cape Judge President John Hlophe.

After over two hours of deliberations behind closed doors at a Cape Town hotel, the JSC said it had considered a complaint against Hlophe by African Christian Democratic Party MP Steve Swart.

The complaint followed allegations that Hlophe received a R10 000 monthly retainer for work he did for asset management group Oasis while he was judge president.

The JSC has already received a report on the matter from a specially appointed sub-committee.

The JSC also said it had dismissed a second complaint by Swart relating to a bursary received by Hlophe's son from the law firm Smith, Tabata, Buchanan, Boyes.

It said the evidence of the judge president, as confirmed by a senior partner of the firm, showed that Hlophe had had no knowledge of the bursary payments received by his son, who had not been living at home.

At the time, the son was a boarder-master at SACS Primary School in Cape Town.

There was no other evidence to contradict this, the statement read.

Hlophe has denied the Oasis allegation, saying he merely received out-of-pocket expenses as a trustee of the Oasis Crescent Retirement Fund.

He said former minister of justice Dullah Omar, who has since died, gave him permission to serve as trustee.

However, Minister of Justice and Constitutional Development Brigitte Mabandla has said she can find no record of this permission.

Judges slam poor appointments

2006-10-11T03:25:00.000-07:00

Two high court judges yesterday criticised poor judicial appointments and the increasing number of reserved judgments that drag on for months, and in some cases years, saying this was an increasing feature of court rolls.

The criticism follows persistent reports that inexperienced judges are clogging up high court rolls by taking months to deliver judgments.

High court judges Azhar Cachalia and Peter Combrink expressed the criticism during their interviews with the Judicial Service Commission (JSC) for appointment to the Supreme Court of Appeal.

The commission began its proceedings yesterday with another session behind closed doors to decide on appointments to the Transvaal Provincial Division of the High Court.

The division is plagued by the appointment of acting judges and delayed rulings.

Cachalia, a former safety and security official who has served as an acting judge of the Supreme Court of Appeal for the past 18 months, said he had been “shocked” by what he called systemic failure in the courts.

He cited an appeal that took five years to finalise, which finally saw a life sentence set aside.

He said he was “troubled” by some shocking judgments emerging from the high court.

“The JSC has made some mistakes and the chickens are coming home to roost,” Cachalia said.

Commission member Milton Seligson said the JSC was discussing delays in judgments and how this related to the appointment of acting high court judges.

Cachalia said he was uncomfortable with the “hired-hand” way in which advocates and attorneys were made acting judges for a week or two.

“This does the bench no good,” he said.

Cachalia said he would prefer a situation where being appointed an acting judge was an honour and those who accepted the appointment were prepared to leave their practices for two to three months.

He said there was a desperate need to expand the pool of judges.

Chief Justice Pius Langa, who chairs the commission, asked Cachalia why good lawyers were not making themselves available for appointment to the bench.

Cachalia said he felt that good black candidates with the seniority to be appointed to the bench were doing very well financially, and so becoming judges would mean a substantial reduction of income.

Whites, he said, were afraid of being trapped beneath a glass ceiling where they had no career prospects as a result of their race.

Combrink, in response to a question from Julian von Klemperer, said when he reserved judgment he always specified when he would hand down the decision.

He said it was unacceptable for judgments not to be dealt with in a timely manner, with a judge sitting on them for six to nine months. People should not be left in limbo.

In a strange twist, Judge Nkola Motata, also applying for one of the two posts available on the Supreme Court of Appeal, came under sustained pressure for being one of the judges on the Transvaal Provincial Division who was tardy in bringing out his judgments. Some of Motata’s decisions has been delayed for more than a year.

Cops are gatvol

2006-10-08T08:19:00.000-07:00

Police - from top brass to hands-on investigators - are "gatvol" with the judicial system repeatedly failing them in their endeavours to fight highly organised crime.

So says Gauteng SAPS Deputy Commissioner (crime prevention), Bushie Engelbrecht.

Engelbrecht was commenting on the fact that several of the 24 cash heist suspects arrested at the Mvoti toll gate in KwaZulu-Natal this week were already out on bail for similar offences, including the recent brazen heist at Johannesburg International Airport. At least five of the suspects are out on bail for alleged offences.

In one case, Shikunwela (Fox) Sithole, 31, was granted bail of R20 000 in connection with the airport heist. He was immediately re-arrested in connection with a cash heist in Cleveland last year, but again granted bail. It is believed that he was also granted bail in connection with a cash heist in Klerksdorp.

Hamilton Mazibuko, 32, was arrested in July in connection with a heist in Mothutlung in the North West Province. It is not clear whether he escaped or is out on bail. Others out on bail are Mpho (Faith) Tsotensi, 29, Bongani Tshabalala, 26, and Johannes Fono Langa, 34.

Another suspect, Ernest Nolangamandla, 29, was wanted for allegedly having previously escaped custody.

Amid tight security, the 24 suspects appeared in the Durban's Magistrate's court on Thursday charged with murder, robbery, kidnapping, and illegal possession of firearms - all relating to incidents in the Umfolozi area on Monday.

But provincial head of the Serious and Violent Crime Unit, Dir Johan Booysen, said his unit, assisted by counterparts in Gauteng and the Eastern Cape, was investigating possible links to as many as 20 crimes around the country, including cash-in-transit heists and robberies at pension pay-out points.

Booysen said while the arrest of the 24 alleged gang members was a huge breakthrough, it did not mean a drastic drop in heists would follow.

"Not all the gang members were arrested and they might start their own cells. But we have strategies in place and we will make sure the rest of the gang is brought to book," he said.

Booysen agreed that corruption and police collusion were hampering efforts to bring heist gangs to book.

Three policemen were recently arrested in connection with $14-million (about R107.8 million) stolen from a police safe after money from the Johannesburg airport heist was recovered.

Booysen said Welcome Shange, the brother of one of the men arrested this week, was a policeman attached to the Organised Crime Unit. He was arrested about three weeks ago, allegedly for his involvement in a cash-in-transit heist in the Eastern Cape.

This week's bust in KwaZulu-Natal follows the recent SAPS announcement of a 74.1 percent increase in cash-in-transit robberies reported in the past year - 385 from April last year to March this year. Of even more concern, though, is the continued escalating levels of these and associated crimes.

"There's been a significant increase since March. In my opinion the early release of prisoners, as well as the Satawu security guards' strike, have contributed to this increase," said Engelbrecht.

On the repeated granting of bail to serious and violent crime suspects, Engelbrecht said policemen were getting "gatvol". "It is happening over and over and over again. And once guys like this get bail, they are at it again, carrying on their bloody business."

A major contributing problem, said Engelbrecht, was associated institutional corruption - the bribing and intimidation of policemen, correctional services staff, court officers, prosecutors and sometimes even magistrates.

"They (organised crime suspects) pay huge amounts. They have access to that kind of money. It's a reality we can't ignore," said Engelbrecht.

"The intimidation factor is also there. We lose cases due to witnesses disappearing, getting killed. Policemen and prosecutors also are threatened, or worse, their families."

Such intimidation was also difficult to prove, and sometimes also subtle - "like just a simple whispering, like 'I'll get you'," said Engelbrecht.

"It's how you respond that's important. We should be fearless and not succumb to all these things, but that's not always the case," said Engelbrecht.

He warned that unless the problems were addressed soon, South Africa would be overrun by organised crime.

"It's an onslaught. Judicial bodies, government itself, has never been subject to organised crime like this before. It's hit us like a storm. It's big. It's organised, and involves groups from all over the world.

"We have to adapt to fight it. We've had some good successes, but we need to see it through to the end, and any person in any kind of authority, who is in any way involved, needs to get put away for a very long time."

Engelbrecht said as a policemen, it was inevitable to be confronted "very often by a criminal trying to corrupt you, offering to pay you off, sometimes with sums like R50 000, and even in one recent case R500 000".

He said despite very low salaries, he knew many policemen who never fell for these offers, no matter what the amount.

"They turn around and arrest these guys. And that's what we need - integrity. And it should be rewarded . . . I can find no justification for the low salaries that police earn.

"And it's obvious - if a person's battling to get by, they will be more easily tempted by offers of huge sums of money, sometimes simply for not doing something . . ."

No action after three years

2006-10-01T03:51:00.000-07:00

Minister of Justice and Constitutional Development Brigitte Mabandla has been charged at the South African Human Rights Commission with human rights violations by Inkatha Freedom Party (IFP).

The complaint stems from the failure of Mabandla since 2003 to process applications by 384 prisoners for presidential pardons, Van der Merwe said.

"The IFP applied for 384 presidential pardons in 2003 on behalf of the prisoners," he said.

"The minister and Department of Justice and Constitutional Development are responsible for processing the applications and making recommendations to the president.

"It is now almost three years since the applications were first lodged and after numerous attempts to establish progress, including a question to the president in Parliament, the minister eventually conceded in the National Assembly on May 19 2006 that no action had been taken on the applications. No action has in fact been taken until now."

Van der Merwe condemned Mabandla for this "lack of attention to and action on the applications that constitutes a violation of the prisoners' constitutional and human rights".

Mabandla's "deliberate lack of action is clearly a violation of the spirit of the Constitution".

Van der Merwe appealed to Human Rights Commissioner Jody Kollapen to make a finding against Mabandla.

He said: "The IFP calls for appropriate redress for the almost 400 prisoners whose applications for presidential pardons have been deliberately and wilfully ignored by the minister."

Poverty is no excuse

2006-09-29T05:52:00.000-07:00

Transvaal Judge-President Bernard Ngoepe says poverty and unemployment do not justify the murder of his granddaughter and the rape of her nanny.

"It is difficult to justify some of the crimes we see in this country," he said. Judge Ngoepe was speaking to reporters outside the Vereeniging Circuit Court on Thursday after his granddaughter's killers had been sentenced.

An emotional Judge Ngoepe, flanked by his wife, Daphne, and his son in-law Steve Matlala, said he hoped that Magkabo's death and that of other children would awaken the nation to fight the scourge.

"What can we say... If there is any justification for this we are yet to know."

Johannes Siphiwe Molefe, 22, was sentenced to two life terms for rape and murder, and 20 years' for robbery.

Lucky Ndlovu, 21, received a life sentence for murder, two life terms for repeated rape, and 20 years' for robbery.

Steve Tsietsi Mhlanga, 22, was sentenced to 20 years' imprisonment for robbery and 10 years for taking part in the crime. The sentences will run concurrently.

Judge Ngoepe said: "The outcome of this case has confirmed that there is justice in this country." He said the judge had imposed a maximum sentence that was suitable.

Murderer deserves to die

2006-09-29T03:00:00.000-07:00

An angry South African judge has risked his job security by speaking out on crime.

Struggling to hide his contempt as he stared at the murderer of four-year-old Makgabo Matlala, a furious Judge Gerhardus Hattingh said it was "nonsense" that the country's crime rate was going down.

"According to the minister of safety and security Charles Nqakula, crime is down and the future is rosy. This, with respect, and I must choose my words wisely, is nonsense," Hattingh said in an extraordinary address to a packed Vereeniging regional court room as he sentenced Makgabo's murderer Johannes Siphiwe Molefe to two life sentences for her death and for raping her nanny.

He also gave 22-year-old Molefe a 20-year sentence for robbery, while sentencing 21-year-old Lucky Ndlovu to a life sentence for the repeated rape of Makgabo's nanny.

Steve Mhlanga, who was with the men when they robbed the Matlala home but did not participate in the rape or murder, received 20 years in jail for robbery and a concurrent 10-year jail term for being an accessory to murder.

Still, for Hattingh the sentences he handed down to the men were not enough to punish them for their horrific crimes - he wished he could sentence them to death.

"In my experience, all right-thinking members of the community, regardless of race, are in favour of the death penalty. Government must take responsibility for ending the rampant crime wave engulfing our country... and it's now time something drastic is done about crime," said Hattingh.

"Just like South Africa was freed from the yoke of apartheid, South Africa must be freed from the yoke of crime."

While acknowledging that the Constitutional Court had found that the death penalty violated the human right to life, Hattingh questioned why "the victim's right to life can just be summarily taken away by the criminal".

He described as "sick" the operation of South Africa's justice system where criminals given life sentences "go out on parole after 18 years".

He stressed that his comments were not political but rather motivated by his desire to do his duty.

His comments, though, angered government ranks, with Nqakula's spokesperson Trevor Bloem saying the judge has crossed his judicial boundary by "dabbling in politics".

"He is totally exceeding his mandate. Just as politicians and the executive should not interfere in the sphere of the judiciary, it would suit the judges to do the same and not interfere in the political sphere," Bloem said.

It was an emotional day, however, on which Makgabo's family cared little for politics, but tried to somehow move on with lives shattered by their devastating loss.

Makgabo's grandfather, Transvaal Judge President Bernard Ngoepe, and her father Steve, a Springs magistrate, declined to comment on Hattingh's call for a death penalty referendum.

In court as Hattingh detailed the horrific details of Makgabo's suffocation murder and the gang rape ordeal of her nanny, 57, Ngoepe struggled to contain his emotions, while tears streamed down his son-in-law's face.

The Judge President told reporters after the sentencing that his family wished to "get on with our lives".

"We would hope that from now, friends and relatives would refrain from conveying their condolences ... it is time for us to heal," said an emotional Ngoepe, flanked by his wife Daphne and his son-in-law Matlala.

He said the judge imposed a maximum sentence that was suitable, but that nothing could justify the murder of his grandchild and the rape of her nanny.

With tear-filled eyes, Makgabo's father said "my child is gone, she will never come back".

Ngoepe said he hoped Makgabo's death and that of other children would awaken the nation to fight the scourge.

Referring to argument from Molefe and Ndlovu's lawyers that they should be shown mercy because of their disadvantaged and difficult childhoods, Ngoepe said poverty could never be a justification for murder or rape.

Looking straight at Molefe and Ndlovu as he handed down his sentence, Hattingh said: "You could just have tied up the (domestic worker) and locked the child in a room. But that wasn't enough for you.

"(Makgabo) was a helpless, defenceless four-year-old who cried because she heard noises in the house and couldn't find her nanny. You (Molefe) with the co-operation of (Ndlovu) walked over, picked her up and tied her little hands together, stuffed an item of clothing into her mouth and wrapped her father's pants around her head.

"By then she must have been dead quiet... but that was not enough for you," Hattingh said, before adding, "you put a double bed mattress on top of her to push her against the floor... you wanted to be sure that she was dead so she couldn't disturb your robbery of the house.

"One can scarcely imagine what angst and fear this little girl must have felt as she was dying."

The judge requested Molefe and Ndlovu only be considered parole after they served 40 years in jail.

How they messed it up

2006-09-21T06:49:00.000-07:00

The National Prosecuting Authority (NPA) of South AFrica has not showered itself with glory in their dealings with the Jacob Zuma affair. Zuma is now in a much stronger political position than he has been for a long time, which is in stark contrast to the crisis of isolation that has been deepening for Mbeki.

The decision by Judge Qedusizi Msimang to strike the Zuma matter off the roll is a public-relations disaster which started with National Prosecuting Authority (NPA) boss Bulelani Ngcuka declaring in 2003 that he had a "prima facie" against Zuma. He said he would not prosecute Msholozi because he did not think the state had a "winnable" case.

We will probably never know whether Ngcuka's actions were motivated by his belief in the rule of law or were driven by political considerations. Whatever the reason, the "prima facie" gaffe amounted to trial by innuendo in the court of public opinion and had the effect of lending credence to the idea of a politico-judicial campaign against the African National Congress (ANC) deputy president.

Wednesday's court decision will certainly reinforce the view that Zuma is a victim of political intrigue and that the Schabir Shaik trial was always about undermining Zuma's chances of becoming ANC president in 2007 and that of the country in 2009.

The NPA now finds itself in an invidious position. If they reinstitute charges against Zuma they may be met with a hostile public response particularly from Zuma supporters who will see it as a vindictive act aimed at bringing the alleged conspiracy back on course.

If they walk away from the matter after investing so much money, time and other resources, the conspiracy theory will gain more currency and the image of the NPA and South Africa's criminal justice system will suffer severe damage. The only thing that can wipe the egg from the NPA's face is Zuma's conviction.

For Msholozi the decision of the court may turn out to be either the best or worst thing that has happened to him since his acquittal on rape charges earlier in the year.

Striking the matter off the roll amounts to an indefinite postponement and, therefore, exposes Zuma to the possibility of the NPA reinstituting charges at a time that may be politically infelicitous for him.

If, on the other hand, the NPA loses its appetite and walks away, Zuma will emerge as the strongest, if not the sole candidate for the position of ANC leader in 2007.

Bank robbers go free

2006-09-17T05:33:00.000-07:00

Even when criminals are caught, the South African Justice department lets them go.

Ten people accused of a spree of bank robberies which netted over R100 million walked free from an Mpumalanga court after the National Prosecuting Authority (NPA) bungled a case against them. The NPA misquoted its own law in appointing the prosecutor, resulting in the collapse of the case.

In an act of unprecedented amateurishness, the NPA quoted the wrong sections of the NPA Act when appointing a private prosecutor, George Krause, to act on its behalf. The NPA Act allows it to appoint people not in its employ to act on its behalf in complex cases under specific sections - but the NPA head in Mpumalanga, Sibongile Mzinyathi, quoted wrong sections.

Krause is a retired magistrate who now works for Business Against Crime and is a contract prosecutor specialising in bank robberies. The appointment was challenged by the defence, led by Hendrick Potgieter, who represented six of the accused, and magistrate Deon Miennie concurred with him.

The matter is now due to be undergo a special review by the Pretoria High Court with a view to declaring it null and void, said Potgieter. "After all the hard work, everything just went down the drain," investigating officer Captain Ockkie Brits told City Press.

The accused include engineers, electronic experts, police and traffic police and allegedly used grinders and an assortment of weapons to rob banks around the country of millions. This included the robbery of R26.8 million from a Nelspruit bank in 2003.

The policemen and traffic officer in the group would allegedly set up roadblocks immediately after the gang had passed, to slow traffic and any pursuers. They got hold of building plans, and used grinders, jack hammers and electronic equipment to open bank safes.

When the group were arrested, it was described by National Police Commissioner Jackie Selebi as a major breakthrough.

Time to knock off

2006-09-14T00:05:00.000-07:00

A magistrate let the suspects on trial go because it was time for hime to go home.

The Department of Justice and Constitutional Development is "working around the clock" to re-arrest 13 accused who were freed when a Kimberley magistrate refused to work after 4pm, the department said on Wednesday.

"At the moment our priority is to get the 13 re-arrested or to summons them back to court," said Rodney Isaacs, a chief director in the department.

"The prosecution is working to get the case back on the roll. The police and the Department of Justice are working around the clock on this case."

On Monday, Kimberley Magistrate K Padayachee struck 13 cases off the court roll and allowed the accused in custody to go free.

Padayachee ruled that the 13 be freed when they had not appeared before her in court B by 4pm. Court B is a transit court for first appearances.

An alleged rapist, sought since 2000, was apparently one of those who walked free.

The others included a man accused of raping a 16-year-old girl, alleged stock thieves, an alleged robber and men accused of breaking into houses and cars.

Isaacs said Padayachee was still at work and no action had yet been taken against her.

"A report will be compiled and this will be sent to the director of public prosecutions, the commissioner of police, the magistrates' commission and to the director general of the justice department," Isaacs said.

"They will then decide whether she had a right to do what she did. I can't comment on what she did."

Black lawyers are struggling

2006-09-12T15:33:00.000-07:00

One would think that black lawyers could look after themselves, but here comes the minister, ready to lend a helping hand.

Decades of exclusion and marginalisation of black lawyers have resulted in a skewed distribution of established and profitable law firms, Minister of Justice and Constitutional Development Brigitte Mabandla said on Thursday.

Speaking at the opening of a two-day indaba in Johannesburg to discuss the proposed legal-services charter, Mabandla said special measures are needed if the problem is to be solved.

"The largest and most-profitable firms are white-led and -owned and the least successful practices are individual practices owned mostly by black South Africans," she said.

The proposed service charter aims to address transformation in the legal profession.

Prosecutor caught out

2006-09-06T12:07:00.000-07:00

A 28-year-old prosecutor will appear in court on Wednesday on charges of possessing drugs and 200 dockets of unsolved criminal cases, Pretoria police said.

After receiving a tip off, police arrested the prosecutor around 20:30 on Monday at a smallholding in Pretoria North.

She was found in possession of a small amount of the drug CAT. She then accompanied the arresting officers to her home in Pretoria Moot where they found dockets allegedly containing pending crime cases such as murder, armed robbery and rape. Some of the dockets dated back to 2004.

"What is suspicious is that the dockets are for offences registered in the Soshanguve and Pretoria courts. She's now working in Bronkhorstspruit. At this stage she is the only one who has been arrested, but it's obvious that she's not working alone," a police spokesperson said.

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She admits it: Justice system 'not working'

2006-09-05T14:14:00.000-07:00

Justice system 'not working'
14/07/2006 16:47 - (SA)

Pretoria - A "turnaround strategy" was needed in South Africa to ensure an effective judicial system, justice minister Brigitte Mabandla said on Friday.

Mabandla expressed her dissatisfaction with poor service delivery, case backlogs, corruption and other issues affecting the justice department.

"As government we have to ask whether we have adequately equipped institutions that can carry the country through," Mabandla said.

She was speaking at a leadership conference for senior managers that was held in Pretoria.

She said courts had to be restructured and the judiciary reformed to provide "conducive infrastructure" for justice in future.

"As the executive, we don't like to interfere with the (Justice) department, National Prosecuting Authority and the Judiciary but we have to account for policy and give political direction," she said.

Mabandla expressed the hope that the conference could tackle some of the issues.

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