LAW LAWAND & SECURITY SECURITY
By Peter Bagshawe
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National prosecuting authority look ahead Investigation and preparation of matters that have been referred to in the Zondo Commission hearings as well as ongoing prosecutions, some of which have been stop and go for various reasons, are a source of concern to the public who are starting to express frustration at the lack of visible action by the National Prosecuting Authority (NPA).
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t this time, and before reviewing the perceived current position, it is appropriate to express condolences on the recent passing away of two high profile members of the State judicial and investigative mechanism. Colonel Christelle Stemmet worked for the South African Directorate of Priority Crime Investigation as a detective and was immediately prior to her death on 10 November 2019 involved in investigating allegations of corruption and fraud at the Public Investment Corporation. Stemmet was one of a small number of members of the Directorate of Special Operations who transferred
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from the Scorpions to the Hawks in in 2009. Senior State Prosecutor Addelaid Ferreira-Watts died on 19 November as a result of being shot by an accidentally discharged shotgun that was a State exhibit in a trial she was prosecuting in the Ixopo Regional Court. The presence of a loaded weapon in court and it being handled without being cleared and made safe clearly require clarification and investigation. The loss on both sides of the State prosecution service will be keenly felt and condolences are extended to the families of both the deceased. Against this background, the stance and situation of the NPA needs to be reviewed
and discussed. As a starting point, public frustration has been expressed at the lack of prosecutions flowing from evidence led at the Zondo Commission. As has been stated previously, although the Commission seems to be a gift that continues giving from an information perspective, the evidence led cannot be transferred directly into a criminal prosecution, but needs to be investigated and dockets prepared for processing by the NPA in accordance with the requirements of the criminal legal system. In a press conference held on 21 November, National Director of Public Prosecutions Advocate Shamila Batohi outlined the
staffing difficulties within the NPA subsequent to the loss of some 800 staff members over a period of time prior to Advocate Batohi’s appointment. Advocate Batohi also made it clear that the prime function of the NPA remained the preparation for and prosecution of crimes in general, and despite the profile of State Capture and corruption offences they are only a subset of the activities of the National Prosecuting Authority. Arising from this it was also clearly stated that credibility, integrity and accountability, within and of the NPA to Parliament and the public was a priority that she was establishing as part of a new culture within the NPA.
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