NPA clears Ramaite
Questions over President Cyril Ramaphosa’s appointment of Dr Silas Ramaite to the role of acting National Director of Public Prosecutions have finally been answered by the National Prosecuting Authority (NPA).
NPA spokesperson Luvuyo Mfaku requested the response be published in full:
“The chief prosecutor for the Pretoria cluster was requested to allocate this case to a senior prosecutor from the Pretoria cluster since there were allegations that Dr Ramaite was well-known in the Limpopo province and justice might not be seen to be done. Advocate EM Jacobson was tasked to conduct the prosecution of the case and she received the docket in August 2013.
“After consultation with the two police officials and the complainant, the prosecutors established on their evidence that more than three hours had expired before the blood was drawn. The doctor submitted the reports of the blood-drawing only on September 5, 2011 (three months after the incident) after the initial reports and hospital files got lost. He relied on his memory to complete the forms in respect of time and observations. There were irreconcilable discrepancies in their evidence. There were also material discrepancies in respect of the blood kit serial numbers. This is significant and the blood reports would not have been admissible in light of the above reasons.
“During consultation, both Saps members indicated that, had the complainant not alleged the issue of drunkenness, they would have dealt with the accident and the matter as one of possible reckless/negligent driving. Sergeant Masikhwa conceded that the reason she took both drivers to the hospital for blood samples was because she could not tell who was drunk and who was not as she was not an expert. She said she was dependent on the outcome of the blood sample for a determination of who was drunk and who was not. Constable Nyambeni said both drivers appeared fine to him.”
Wits associate law professor and practicing advocate James Grant says as someone who supported the decision not to prosecute former president Jacob Zuma on the corruption and racketeering charges he now faces after extensive court action, it was unlikely Ramaite would be able to overturn the decision to prosecute Zuma.
“It’s a long story, but I don’t think so. That’s because it’s a decision the then NDPP Mokotedi Mpshe took way back,” Grant said.
“The consitution and NPA act seems to restrict the right of review to decisions of DPPs.
“There has been some discussion in the past in the Constitutional Court as to whether this power can’t be found elsewhere, but to my knowledge, it left this undecided.”