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NPA declines to prosecute political cases

A big news story this week is lobby group AfriForum (AFF) is going to privately prosecute EFF leader Julius Malema for corruption after the National Prosecutions Authority (NPA) declined to do so.

The NPA's spokesman Luvuyo Mfaku said

"AfriForum is very disingenuous in rushing to make an announcement to the public, while we are still considering the matter. The NPA will not be pressured by AfriForum – they will not dictate to us either. If there are prospects of a successful prosecution, then we will prosecute. If there [aren't] then we will not prosecute." 

But they're only saying this because they're scarred of AFF prosecutor and the NPA's former top prosecutor Gerrie Nel, who left the NPA because of concerns about its credibility and impartiality.

Another story is the NPA will now prosecute Duduzane Zuma, former president Jacob Zuma’s son, for culpable homicide after Duduzane's Porsche collided with the taxi in which Phumzile Dube was travelling in February 2014, killing her.

“In August 2015, the NPA decided not to prosecute the former president's son after Magistrate Lalitha Chetty found, during a formal judicial inquest into the death, that there was prima facie evidence that Dube's death had been caused by the younger Zuma's negligent actions.

What is the purpose of an inquest and finding? To make judicial recommendations no one, least of all NPA, follows? But, they only act after AFF threatened a private prosecution. 

As the Zuma and these cases prove, the NPA refuses to prosecute politically connected individuals. They are influenced by politics and in awe of politicians.

If there was prima facie evidence, the NPA ought to have prosecuted at once as they’re required to without referring it to an inquest. 


In charges we laid, the NPA recently declined to prosecute Groote Schuur Hospital doctors for culpable homicide, assault and violation of health laws for reasons they've not given but referred it as as inquest (see here).  As I suspected, which the Dube case proves, an inquest is a sop to the victim’s family pretending something is being done when really it's not, especially when it concerns politically connected accused.

NPA spokesman's quote added 22/04/2018. Minor updates 29/04/2018.

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