The story published today on page 1 of Pretoria News and The Star newspapers on the arrest and court appearance of Lieutenant-General Richard Mdluli and his co-accused refers. In the story, there is a statement attributed to a source who claims that the National Directorate of Public Prosecutions (NDPP), Adv Menzi Simelane had briefed President Zuma on the arrest of Mdluli and his co-accused.
It is further claimed that there is a leaked memo that the NDPP used to brief the President. The National Prosecuting Authority (NPA) finds these statements to be both misleading and inaccurate. They are mischievous and are designed to taint the image of the NPA and the NDPP. It is therefore important that the NPA explains the process in which it was involved as required by the protocols followed in government on matters of this type.
The NDPP never briefed the President nor did he have any discussions or interaction with anyone at the Presidency about the arrest and court appearance of Mdluli. This is obvious because the NDPP has not been requested to provide such a briefing by the Presidency. Further, the arrest of any person is the responsibility of the police. Therefore the relevant line department is responsible for such briefings. In this case it is the police.
As everybody ought to know the process of conducting investigations is a police matter guided by the prosecutors (NPA) where requested. This process was followed in this case. When on the facts and evidence available it became clear that a prima facie case that can be credibly presented before court existed and that a warrant was going to be issued, arrangements were made by the acting Director of Public Prosecutions (DPP) to brief the NDPP. This is practice in the NPA on cases that are deemed important and that involve senior government officials. This consultation process took place and involved the prosecutors and the Investigating Officers from the police (Hawks) and their superiors. It is at this briefing where the NDPP was provided with the memorandum to which the newspaper articles refer.
Everyone at this briefing was also provided with memorandum. The NPA stands by the contents of that memorandum. After the interrogation of the contents of the memorandum, the NDPP instructed that the heads of the Hawks and the police be briefed as well. Again this is normal protocol on such matters and is a necessary courteous gesture. This second briefing of the heads of the institutions took place. A presentation of the case was done by the police team tasked investigating the case and the prosecutors assisting them. The contents of the memorandum were used for that presentation.
An important purpose of the briefing is to enable a thorough and objective consideration of the case in order to ensure that the integrity of the case remains protected and that the decision that the prosecutors have taken in light of the evidence resulting from the police investigation can be carried out with the full knowledge of the heads of police and the NPA.
The NPA is deeply concerned at the suggestion in the articles that it leaked the memorandum. "It is silly to leak the facts as they appear in the docket. If the media wanted to know what the case is that the State is making, appropriate arrangements would have been made at the appropriate time.
The NPA does not operate on the basis of leaks. The NDPP has done more than enough internally to address the problems of leaks that the NPA is associated with as a result of past issues. That is the past. The present is informed by transparency." said Mthunzi Mhaga, the NPA Spokesperson. "the media should refrain from relying on so-called sources whose primary objective is to peddle information and pursue private or internal institutional disputes. We are confident of our case as we know it from the docket. We also have confidence in the police officers that investigated the case and the prosecutors that assessed it. Our focus is on the court processes that are coming in the next couple of days." said Mhaga.
We have always maintained that the NPA, as a prosecutorial component in the criminal justice system does not, as a matter of policy, conduct investigations and has no powers to effect arrests. The decision to prosecute the three officers was made by the Acting Director of Public Prosecutions (DPP) South Gauteng under whose jurisdiction the matter falls, based on the evidence presented before her.
Enquiries:
Mthunzi Mhaga (NPA Spokesperson)
Cell: 072 198 6863
E-mail: mcmhaga@npa.gov.za
