National Prosecuting Authority

Prosecutor releases robbers because ‘she did not understand Afrikaans’

Two men accused of being part of a gang of robbers were mistakenly released after a miscommunication in the National Prosecuting Authority’s (NPA) office, The Saturday Star reported.

The newspaper reported that a prosecutor misunderstood an instruction from a control prosecutor that led her to withdraw charges against Solly Mahlahlo and Morekgomo Stanley Phaahla.

The case was scheduled to be heard in the Pretoria North Regional Court.

Police spokesman Captain Jan Sepato told the paper they would have to issue Mahlahlo and Phaahla with summons to appear in court as they did not escape from custody, but were released by officials.

The three witnesses in the case, Fanie Venter, Tiaan Strydom and Jeandre Visagie told the newspaper they feared for their lives as the men, who they positively identified in May 2011 could be after them.

NPA spokesman Medupe Simasuku told the Saturday Star that the error was an honest mistake that did not warrant disciplinary action.

“The instruction was given to the prosecutor in Afrikaans which is not her home language,” Simasuku was quoted.

The two were allegedly part of a gang that attacked the witnesses and robbed them in Montana, Pretoria in 2011. – Sapa

Breytenbach hearing continues

The disciplinary hearing of suspended NPA prosecutor Glynnis Breytenbach continues in Pretoria on Friday.

A senior National Prosecuting Authority (NPA) official is expected to testify on Friday as the authority’s final witness.

Breytenbach was suspended from the NPA on April 30, 2012, for allegedly failing to act impartially in an investigation.

She was part of a probe relating to a dispute between Imperial Crown Trading (ICT) and Sishen/Kumba Iron Ore over mining rights in the Northern Cape.

Her suspension came after ICT’s lawyer Ronald Mendelow sent a letter of complaint about Breytenbach to then-National Director of Public Prosecutions Menzi Simelane on October 31, 2011. He claimed Breytenbach favoured Sishen in her probe and had an improper relationship with Sishen’s lawyer Mike Hellens.

Breytenbach had argued that acting National Director of Public Prosecutions Nomgcobo Jiba suspended her in an attempt to stop her from prosecuting former police crime intelligence boss Richard Mdluli on fraud and other charges.

Breytenbach has pleaded not guilty to the 16 charges the NPA brought against her. They include bringing the NPA into disrepute by speaking to the media without authorisation, and performing work outside the NPA. – Sapa

National Prosecuting Authority’s decision on Marikana miners welcomed

The Justice Ministry on Sunday welcomed the National Prosecuting Authority’s (NPA) decision to withdraw murder charges against 270 Lonmin mineworkers.

“We welcome the decision but will await formal report as requested,” said Justice Minister Jeff Radebe.

The workers were initially charged with murder, attempted murder and public violence following the unrest that left 34 people dead and 78 others injured on August 16.

The NPA said the group would be issued with warnings concerning the murder charges on their next court appearance on September 6.

The other charges would remain.

The African National Congress has also welcomed the move.

“This decision will allow the Commission of Inquiry established by the President to do its work and for police to continue with their investigations,” said party spokesman, Jackson Mthembu.

Meanwhile, the ‘Friends of the Youth League’ which is associated with axed ANC Youth League head, Julius Malema blamed the Lonmin tragedy on the country’s leadership.

Floyd Shivambu of the group said : “If there was leadership in South Africa, the lengthy unreasoned, horrible and inhuman incarnation and imprisonment of mineworkers who survived the massacre would have been avoided.”

The ‘Friends of the Youth League’ have vowed to stand behind the workers who continue to demand higher wages.