South Africa: NPA defends prosecutor reshuffle

Wednesday March, 31, 2010

NDPP National Director, Menzi Simelane

The South African National Prosecuting Authority (NPA) has said its plan to send senior prosecutors to lower courts was part of plans to boost struggling lower courts. The NPA said this on Tuesday while defending its controversial decision.

"The fact of the matter is that the changes to prosecutor allocation and redeployment of senior prosecutors to courts, especially in the lower courts, is in support of the strategy to address the dearth of skills in the organisation, and redistributing resources where they are needed most," the NPA said in a statement.

Chief State prosecutor Andre Lambrecht, one of the 14 affected senior prosecutors, intends challenging his transfer from a managerial position to a lower court, with the suspicion that it is somehow connected to his refusal not to oppose bail in musician Jub Jub's drunk-driving case.

He is also aggrieved that the move was very sudden and plans to ask for his old job back.

The NPA, however insists that the reshuffle is part of its "Strategic Plan for 2010 to 2015", which is being finalised for submission to the Minister of Justice & Constitutional Development and to Parliament. The strategic plan is expected to outline challenges like the resourcing of the lower courts, which is regarded as a "real threat" to service delivery in the courts.

According to the NPA, senior prosecutors' skills would be better utilised in the lower courts, where most crimes are heard, and cases are led by mainly inexperienced prosecutors, instead in administrative positions.

The National Director of Public Prosecutions (NDPP) has asked directors of public prosecutions to identify courts that need such a boost, as well as experienced prosecutors, including directors, who can be redeployed.

"These are prosecutors - their duty and obligation to the country is to institute criminal proceedings in court, and to handle any other work incidental thereto."

The authority denied that these were demotions, and said people who felt that way believed they could better serve the prosecutions service "sitting in their offices dealing with administrative matters".

"However, that cannot work for the organisation - the skills of prosecutors are best utilised and serve the country the most, in court."

The plan will also take into account transformation issues like racial demographics, to address past imbalances.

Objections to the change also came from the African Christian Democratic Party (ACDP) which said that NDPP Menzi Simelane must explain himself, suggesting that some of the redeployments could be for revenge.

They pointed out that Mutuwa Nengovhela, was part of the prosecution team in the rape trial of President Jacob Zuma.

He was a deputy director at the High Court in Johannesburg and was moved the Family Court.

"This decision smacks of revenge and requires an explanation," said ACDP MP Steve Swart. Zuma was acquitted in that case.

This the latest blow to South African prosecutors who are still fuming over the disbanding last year of their investigating unit, the Scorpions. The disbanding of the Scorpions was regarded by some observers as a response to their pursuit of Zuma on corruption charges.