Why the NPA was captured

IT IS INTOLERABLE FOR TOP LAWYERS WORKING FOR THE STATE TO BE SO TAINTED

Not surprisingly, the first state institution up for capture was the National Prosecuting Authority (NPA). This began before Jacob Zuma was elected president of the country, but after he was elected leader of the ANC.

The NPA was a target simply because Zuma was facing more than 700 charges of fraud and corruption and had to get them out of the way so that he could become president of SA.

So the then acting National Director of Public Prosecutions (NDPP) Mokotedi Mpshe announced that the charges against Zuma had been dropped because there had been political meddling in the prosecutions process.

After he had been elected president, Zuma continued with the capture process, attempting to secure Menzi Simelane as the new NDPP. Concerted legal action, brought by the DA, saw him declared unfit to hold the office.

The Deputy NDPP, Nomgcobo Jiba, and special prosecutor Lawrence Mrwebi have in the past been criticised severely by high court judges for the way in which they handled some high-profile prosecutions, most notably alleged crooked cop Richard Mdluli.

This led the General Council of the Bar to approach the courts to have both struck from the roll of advocates. This was achieved and they were disbarred.

This posed a huge problem for current NDPP Shaun Abrahams. Two of his top officials are no longer able to practise as advocates, which effectively means that they cannot do their jobs. Jiba and Mrwebi are on special leave and have appealed against the court ruling that they be disbarred.

Last week Zuma announced that because the legal process had not yet been concluded, he would not suspend Jiba and Mrwebi.

This was after earlier sending them letters, asking them to give him reasons why they should not be suspended.

The judges who granted the leave to appeal were divided on the issue, with one believing that the Supreme Court of Appeal would not uphold the disbarment and the other believing that the Supreme Court of Appeal could well reverse the decision.

But the granting of leave to appeal was a godsend for Zuma, because he could now do nothing and claim that it was out of respect for the law.

Given the number of court decisions that are simply ignored by the government, this is ironic indeed. Consider that Abrahams has been ignoring a court order to reinstate the charges against Zuma for some considerable time.

It is intolerable for top lawyers working for the state to be so tainted. They should be held to the highest ethical standards.

Even before the courts disbarred Jiba and Mrwebi, there were enough doubts about their behaviour to justify their suspension, if not dismissal. If advocates in private practice were slammed as dishonest by a high court judge, it is most likely that their work would dry up.

Given the parlous state of the NPA, it is small wonder that the public lacks respect for the organisation. When the populace no longer believes that a fair and impartial trial can take place in the courts, then the country is in a dark and lonely place.

Don’t expect Abrahams to reinstate the charges against Zuma anytime soon. If he were going to do it at all, he would have acted by now, proving that he will prosecute without fear or favour or prejudice.

Remember that it was Abrahams who charged Finance Minister Pravin Gordhan with fraud — only to withdraw it later — and clearly at the behest of Zuma.

The NPA has been captured for some time. And, sadly for the country, it is going to remain captured for some considerable time to come.