‘Freed’ Nel to focus on the corrupt

Former star prosecutor leaves the NPA, links up with AfriForum

NEWLY independent prosecutor Gerrie Nel says he firmly believes in the South African justice system and he would work at assisting the National Prosecuting Authority (NPA).

Speaking at a news conference in Pretoria as he prepares to start a new job with the lobby group Afriforum‚ Nel said no cases had been selected as yet for a private prosecution and that he was still setting up the team.

He also said it would not be a “parallel justice system” but a team that would pick up cases the NPA chose not to prosecute.

Nel said he resigned as a state prosecutor because he believed the NPA had a tendency to select prosecutions and everyone was seemingly not equal before the law. Nel takes up his new job today. AfriForum said South African legislation made private prosecution possible in cases where the NPA had decided to not prosecute someone suspected of an offence.

“I believe in the supreme authority of the law,” Nel said.

“AfriForum’s newly founded private prosecuting unit gives me the opportunity to help ensure that justice triumphs from within civilian society‚ irrespective of the position of the person guilty of corruption.

“AfriForum and I are now in a position to prosecute‚ ourselves‚ corrupt persons who are not prosecuted by the NPA‚” Nel said.

Kallie Kriel‚ CEO of AfriForum‚ said Nel’s appointment would “send a clear message to corrupt politicians and officials on national‚ provincial and local government levels that they can no longer be indemnified from prosecution due to their political contacts.

“Corrupt persons must realise that no-one is above the law‚ not even the country’s president‚” Kriel said.

Nel said his new unit “will consider the list of suspects that are identified together with the information received from the public about corrupt officials to determine who should be prosecuted first. An announcement about this will follow as soon as the process is concluded.”

He is likely to have his sights set on a string of politically connected individuals who up until now have been “untouchable”.

Nel tendered his resignation to his boss‚ Advocate Sibongile Mzinyathi‚ the director of public prosecutions in Pretoria.

On Nel’s team is said to be top private forensic investigator Paul O’Sullivan, who has been instrumental in driving anti-corruption investigations into some of South Africa’s top government officials.

These include the likes of disgraced former national police commissioner Jackie Selebi‚ who was convicted of corruption. It was Nel who led the prosecution of Selebi.

Those also on the team’s radar are said to include the likes of the Gupta family and those within their business network‚ which allegedly includes government officials‚ President Jacob Zuma and his family.

NPA boss advocate Shaun Abrahams is yet to make a decision on whether Zuma is to be prosecuted for corruption.

The president currently has more than 700 corruption charges hanging over his head relating to the controversial arms deal.

Sources with knowledge of the team have said others who could also very soon be pursued are South African Airways chairwoman Dudu Myeni‚ who has been under pressure over some of her decisions and the poor financial performance of the state-owned airline‚ disgraced police crime intelligence boss LieutenantGeneral Richard Mdluli‚ and Hawks head Berning Ntlemeza‚ who is mired in controversy.

In 2015‚ Ntlemeza was found to be a liar and a person who lacked integrity by Judge Elias Matojane‚ who was ruling on the unlawful suspension of former Gauteng Hawks boss Shadrack Sibya.

Of late Ntlemeza has faced strong criticism over his pursuit of Independent Police Investigative Directorate boss Robert McBride and his attempts to oust him from office.

Ntlemeza has been accused of interfering in the directorate’s investigations and doing the bidding of politicians over investigations into Finance Minister Pravin Gordhan. — TMG