Dropping charges against ANC bigwigs dogs Noko
ADVOCATE Moipone Noko, KwaZulu-Natal director of public prosecutions, has distanced herself from claims that she in 2012 personally withdrew criminal charges of fraud and corruption against two top KZN ANC officials.
Noko also denied accusations that she maliciously prosecuted retired KZN Judge President Chiman Patel in 2014 for crimen injuria – a charge that was later mysteriously withdrawn.
She made the denials when appearing before the panel of President Cyril Ramaphosa set up to appoint a new director of public prosecutions after Shaun Abrahams was found not fit and proper to hold the position by the Gautent High Court, Pretoria. The decision was endorsed by the Supreme Court of Appeal.
Noko is one of 11 applicants vying for the top post but her first appearance before the panel turned into a baptism of fire. Energy Minister Jeff Radebe, who chairs the panel, was the first to take Noko to task, asking her about a media report accusing her of having withdrawn criminal charges against MECs Mike Mabuyakhulu and Peggy Nkonyeni – allegedly two weeks after being appointed acting director of public prosecutions in KwaZulu-Natal.
Mabuyakhulu and Nkonyeni were charged along with Gustav Savoi in a court matter known as the “Amigos” case. The corruption and racketeering case involved a R144 million tender awarded to Savoi to provide water coolers to KZN hospitals and health centres. Mabuyakhulu and Nkonyeni, who held senior ANC positions at the time, were alleged to have influenced the awarding of the multimillion rand tenders. In 2012, charges against Mabuyakhulu and Nkonyeni and four others were withdrawn.
Noko vehemently denied the allegations and outlined her involvement in the matter until a final decision to withdraw was taken. She added that the newspaper report was wrong and she was not afforded a right to reply.
Detailing her involvement, she said: “I had just been appointed as acting director of public prosecutions when my prosecutions team in KwaZulu-Natal presented me with a memorandum, approved by the national office (NPA), which indicated that charges should be withdrawn against two of the 10 accused.
“The decision according to the memorandum, was endorsed by Anthony Motsei and Lawrence Mrwebi from the national office. It also contained the signature of Dr Silas Ramaite…” Noko said she made a decision based on the memorandum.
As for the crimen injuria charges against Judge Patel, Noko said: “I read the docket and interviewed the witnesses. Then I endorsed the charges. NPA national office concurred.”
One of the panellists, Mvuzo Notyesi, insinuated Noko wouldn’t be suitable as NDPP as the withdrawal of the charges against Judge Patel led to the State losing R900 000 for malicious prosecution.