Durban - The decision to shuffle the top echelons of the National Prosecuting Authority (NPA) has been met with shock and scepticism by some staff within the justice department.
In an internal e-mail sent to NPA staff this week, leaked to the Daily News, newly-appointed National Director of Public Prosecutions (NDPP), Shaun Abrahams, indicated he held an extraordinary meeting with the leadership of the NPA.
In a move that has been described as “autocratic”, Abrahams revealed in the e-mail that the NPA Exco structure as it previously existed had now been dissolved.
“I have re-established the top leadership structure, now constituted by the deputy national directors of public prosecutions (DNDPP), the directors and special directors of public prosecutions.
“I have also taken the liberty to re-allocate the portfolios of the deputy national directors, taking into account their strengths and also to infuse renewed and different thinking at the top,” Abrahams said.
The following appointments will come into effect from Monday, August 24:
- Advocate Nomgcobo Jiba - National Prosecutions Service and the National Specialised Prosecution Services.
This essentially means that all prosecutions-related services will fall under one unit, with the exception of the Office for Witness Protection, which will fall under Dr Silas Ramaite in the office of the NDPP.
- Advocate Nomvula Mokhatla – Asset Forfeiture Unit
- Willie Hofmeyr – Legal Affairs Division
- Dr Silas Ramaite – Administration and Office for Witness Protection
The e-mail stated that the NPA would no longer have the positions of chief executive officer and deputy chief executive officer, with immediate effect.
NPA staff members who spoke to the Daily News on condition that their names not be published said they were shocked by Abraham’s sudden changes.
“We are stunned to note that the post of chief executive officer has been effectively abolished. There is confusion about how this will affect the operations and governance of the NPA,” one staff member asked.
Another said that the appointment of Jiba as head of the NPA was seen as a massive step backwards.
“She lost the trust and confidence of staff a long time ago,” the employee said.
In response to the Daily News queries, Abrahams said it was within his prerogative to assign portfolios to the respective DNDPP’s.
The NPA head explained that after his predecessor’s appointment in late 2013, he shuffled the portfolios of the DNDPP’s, with the exception of Asset Forfeiture Unit, as headed by Willie Hofmeyr.
At the time, Jiba headed the National Prosecution Services, Dr Ramaite the National Specialised Prosecution Service, while Mokgatla headed the Legal Affairs Division.
“Immediately after my appointment I commenced with independent engagements and briefings with the deputy national directors of public prosecution, the director of public prosecutions (DPPs), Special DPPs, the former chief executive and former deputy chief executive. My decision was made after these consultations and having deliberated thereon. There was nothing autocratic about my decision,” Abrahams said.
Abrahams said the DPPs and Special DPPs were responsible for the core function of the NPA: prosecutions.
“Prior to my appointment, Exco was constituted by the NDPP, DNDPP’s, chief executive and deputy CEO. The DPP’s and SDPP’s did not form part of Exco. As such I decided to embrace an all-inclusive leadership approach by including the DPP’s and SDPP’s as part of the NPA leadership.
“The Exco would in effect serve no purpose, hence, I dissolved it. This approach is supported by the majority of the NPA leadership,” he said, adding the so-called shock expressed by some NPA staff was in the minority.
Earlier this week, Abrahams had announced that a decision had been taken to discontinue the prosecution of Jiba.
Jiba was set to go on trial this week on fraud and perjury charges which related to her decision to prosecute Major-General Johan Booysen, head of the Hawks in KwaZulu-Natal, on racketeering charges.
In February last year, Durban High Court judge Trevor Gorven threw out the charges against Booysen, who was suspended at the time.
The judge described Jiba’s decision to charge Booysen as “arbitrary, (and) offends the principle of legality, the rule of law and was unconstitutional”.
Daily News