By Ofentse Mokae
31 March 2010
The African Democratic Party has expressed shock following the demotion of five top prosecutors in the Gauteng Province.
ACDP MP Steve Swart says it is shocking that these top prosecutors, with many years of experience, have been effectively demoted at a time when the courts are struggling to deal with heavy case-loads and complex trials.
“Prosecutors are at the forefront of the fight against crime, with many cases being lost due to inexperienced prosecutors,” Swart says.
According to media reports, Mutuwa Nengovhela, who was part of the prosecution team in the rape trial of President Zuma and who was a deputy director at the Johannesburg High Court, has been demoted to the Family Court.
“This decision smacks of revenge and requires an explanation,” added Swart.
Another chief prosecutor, Andre Lamprecht, who has 33 years of experience, allegedly refused to follow an instruction from the National Director of Public Prosecutions, Menzi Simelane, not to oppose bail for hip-hop musician Molemo “Jub Jub” Maarohanye.
“Jub Jub”, who faces four counts of murder, was part of the ANC’s campaign during the 2009 general elections and has reportedly been visited by ANCYL President Julius Malema while in custody.
Lamprecht has been demoted to an ordinary prosecutor.
Three other prosecutors, Deon Vlok, Nthabasieng Motsau and Raymond Mathenjwa were also effectively demoted to junior posts.
Nengovhela and Vlok are key to the prosecution of high–profile and serious cases in the High Courts.
The party says it is disgraceful that the experienced prosecutors are to be transferred to the Family Court to deal with less serious sexual offences, domestic violence and maintenance cases.
Attempts to reach the NPA for comment were unsuccessful.
However the ACDP says it will require Simelane to explain what it calls “irrational decisions” which seem to be motivated by revenge when he appears before the Justice Committee next term.
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