Well said General Secretary, I agree with you. On Wed, Dec 10, 2008 at 4:39 PM, Mashiyamh <[EMAIL PROTECTED]> wrote:
> Comrades, > > > > The process of appointing the Head of the NPA or, to use the official title > the National Director of Public Prosecutions (NDPP), is clearly important. > The law states that the salary of the NDPP shall not be less than that of a > judge of the High Court! However I'm not so sure if it will be feasible to > follow the same route of appointing as the one applicable to judges. Where > will this lead? Next thing we will say the Governor of the Reserve Bank must > also be appointed that way, the same with the Public Protector, the Auditor > General, the Chair of the Human Rights Commission etc. > > > > For me it is not just the process of appointing that is important, but how > the NDPP earns and maintains the integrity and legitimacy of that > institution through his conduct that is more important! I am of the view > that through the conduct of the 3 NDPPs we have had so far (Ngcuka, Pikoli > and Mpshe), the NPA has a serious problem of credibility and legitimacy. > When you look at certain prominent prosecutions in the post apartheid era, > serious questions remain unanswered. Winnie Mandela, Allan Boesak, Tony > Yengeni, Shabir Shaik have all been vigorously investigated and successfully > prosecuted. The same vigour and success was conspicuously absent in the > investigation and prosecution of Magnus Malan & 19 others (for the massacre > of 13 people from KwaMakutha - was found not guilty); Wouter Basson (for 46 > charges including murder, drug trafficking, fraud and theft of R40 million - > not guilty); Mark Thatcher (who plea bargained and escaped with a suspended > sentence and a fine for plotting to overthrow the oil rich Equitorial > Guinnea); Peter Zimmermann, a lawyer from Switzerland was caught red-handed > in his hotel room sodomising a 14 year old boy from Alex but plea bargained > and escaped with a fine and a suspended sentence. Why did the Scorpions not > use their extensive powers of search & seizure, including raiding lawyers > offices in these cases. > > > > Fikile Mbalula was spot on when he wrote in *HLOMELANG* of August 2007 and > said, > > > > *"While we have expressed support to the NPA actions to bring charges > against Vlok and van der Merwe, their track record does not inspire > confidence. We have all been witness to the botched prosecutions of Magnus > Malan, Wouter Basson, Phillip Powell and Mark Thatcher. Indeed, in each of > these cases, the NPA demonstrated unbelievable ineptitude that cost the > country dearly.* > > * * > > *If they expect society to respect them and have confidence in them, they > must start treating our people seriously and appreciate that every time they > bring an apartheid mastermind before the courts, they are creating great > expectations."* > > > > Others have been dealt with by the NPA in what I can only describe as trial > by innuendo, examples being JZ, Mac Maharaj and indeed Ngoako Ramatlhodi > himself (by the way I would support his appointment as NDPP). > > > > My point therefore is that we should not be unduly obsessed with how the > NDPP gets appointed and not seriously engage with the selective enthusiasm > and vigour with which investigations and prosecutions are done. If that it > is the understanding of prosecutorial independence, then it is a very > dangerous notion! There must be political oversight that ensures that the > NPA accounts for the failures of certain prosecutions while other > prosecutions are successful. There must also be strict guidelines on plea > bargaining. I am also in full agreement with S'thembiso Msomi when he says > in today's *Times* newspaper that: > > > > "There is an urgent need for an investigation into the role of state > institutions in the political blood-letting that characterised the run-up to > last year's ANC national conference. We need to separate fact from fiction." > > > > ASIKHULUME!!! > > > > Mthimkulu Mashiya > > > > > ------------------------------ > > *From:* [email protected] [mailto: > [EMAIL PROTECTED] *On Behalf Of *sabelo gina > *Sent:* 10 December 2008 09:52 AM > *To:* [email protected] > *Subject:* [YCLSA Discussion] Re: Time is ripe for Ngoako Ramathlodi to be > head of NPA > > > > Comrades, > > > > What about the Nicholson judgement that proposes a new format of appointing > the Head Of NDPP, in that it should follow the same format as appointment of > judges? > > > > What are the views of other comrades. > > > > Asikhulume > > On Wed, Dec 10, 2008 at 9:37 AM, <[EMAIL PROTECTED]> wrote: > > > > Does this mean than that comrade Ramathlodi should step down as a member > of the NEC or should he remean? and what are the implection(both > politicaly and operationly within and outside the NPA)if he were to head > the NPA and still remean an NEC member? > > > ------------------------------------------- > South Africas premier free email service - www.webmail.co.za > ------------------------------------------------------------------ > For super low premiums, click here http://home.webmail.co.za/dd.pwm > > > <br > > > > --~--~---------~--~----~------------~-------~--~----~ You are subscribed. 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