And a piece from the Star on the NPA ... Shock as strong cases lost by incompetence Political interference is added to inexperience and lack of leadership, derailing much good work, say critics Botho Molosankwe Political interference, lack of leadership, experienced yet unmotivated prosecutors leaving the profession, a lack of objectivity. These are just some of the problems, according to defence lawyers, facing the National Prosecuting Authority. They result in shock acquittals, supposedly strong cases being suddenly struck off the roll, charges being withdrawn, and angry magistrates blasting the State for shoddy work. In the latest incident, culpable homicide charges against the taxi driver who allegedly knocked down cyclist Burry Stander in January were provisionally withdrawn on Tuesday when the magistrate refused to grant another postponement. This comes soon after the corruption case against Kaizer Chiefs’ Bobby Motaung and his co-accused, involving more than R1 billion, was struck off the roll. In that case, the magistrate said he could not foresee the State continuing as the case had been postponed seven times already. But two Mpumalanga Hawks members, who spoke to a Sunday paper on condition of anonymity, said they smelt a rat, adding that the investigation was complete, but if the NPA had a way of killing the case, it would. “It’s just that they don’t know how it was investigated and are therefore resorting to technicalities,” one said. A senior defence lawyer who asked to remain anonymous said there was a lack of proper leadership and guidance in the NPA and many experienced prosecutors were leaving. They were no longer motivated because of political interference. The man, who has over 35 years’ experience, said many lawyers were shocked to read about the “unnecessary rigorous justice system” to which Sizwe Mankazana had been subjected. Mankazana was the driver of the car that crashed, killing Nelson Mandela’s great-granddaughter, Zenani, in 2010. He was acquitted. “A just justice system is one that only prosecutes if there is a case. A political decision was made to prosecute the case (Mankazana’s) even though it had been reported that the car crashed because of a burst tyre. “The problem is that cases that should not be prosecuted end up being prosecuted and those that are supposed to be prosecuted end up not being prosecuted,” he said. NPA spokeswoman Bulelwa Makeke said while they could not pretend that some prosecutors were not incompetent, it would also be unfair to blame the NPA entirely when some cases did not go as far as hoped. She said different factors determined the success of a case, such as the evidence and its ability to stand the test of dispute. “In instances where the shortcoming relates to a question of law… the criticism would be fair in that we can confidently say that the prosecutor was incompetent. “However, in cases that are not successful because of the lack of quality in evidence and testimony, then that is totally unfair to cast aspersions on the NPA. We do concede that there are instances where we’ve found that cases were not successful purely due to the incompetence of the prosecutor allocated to the case and in those cases there are internal procedures to deal with the prosecutor.” Burry Stander January 2013: Njabulo Nyawose allegedly knocks down cyclist Stander who later dies of his injuries. The case is fraught with postponements and on Tuesday, July 2, magistrate Piet Coetzee refuses to grant another postponement to prosecutor Nozipho Maseko, who says they have not decided whether they will prosecute Nyawose or not. Charges against Nyawose have been provisionally withdrawn. Andries Tatane April 13, 2011: Tatane dies after he is kicked, beaten and shot by police officers during service delivery protests in Ficksburg, in Free State. Tatane’s death is caught on camera. Seven police officers are arrested but all of them are acquitted when the magistrate says that the State has not proved its case beyond reasonable doubt and that it has failed to prove who the officers are who attacked Tatane. Arthur J Brown March 7, 2007: J Arthur Brown is arrested on 192 charges related to the misappropriation of about R1-million company, Fidentia. Charges fall way over time and six years later the State proceeds with just nine. On May 15, he receives a R150 000 fine. Judge Anton Veldhuizen criticises the State’s handling of the case, asking why the chief financial officer of the Financial Services Board, Dawood Seedat, is called to testify only after Brown is convicted.