Durban - Leading KwaZulu-Natal state prosecutor, advocate Meera Naidu, is facing internal disciplinary action from the National Prosecution Authority (NPA) over her conduct in the tax trial of Durban businesswoman, Shauwn Mpisane, two years ago.
Naidu stands accused of, among other things, gross dishonesty within the NPA, contravening its prosecuting policy, prejudicing the administration and efforts of NPA processes and bringing the authority into disrepute through her actions in handling the Mpisane matter.
While the NPA has said it could not comment on the internal hearing, a source confirmed the hearing began on Tuesday and was due to continue on Wednesday.
Naidu, through her Public Servants Association of South Africa union representative, Roshan Lil-Ruthan, has pleaded not guilty to all charges.
“We can confirm that advocate Naidu is rejecting all charges against her. We are also opposing the NPA’s appointment of an external chairperson as it goes against the collective bargaining agreement, which states that internal disciplinary processes must be dealt with by internal officials, said Lil-Ruthan.
“Our other objection is to the appointment of the NPA management representative who is a junior official and we feel you cannot have a staff member, who reports to a senior official, overseeing the disciplinary hearing of that very senior staff member,” said Lil-Ruthan.
The disciplinary action against Naidu comes more than a year after the collapse of the state – and the SA Revenue (SARS) case against Mpisane on charges of fraud and tax evasion running into millions.
Mpisane eventually won her case last year after a highly publicised two-year legal battle. Her legal team lodged a complaint against Naidu, arguing she had withheld crucial information which would have cleared their client.
Naidu was accused of providing Mpisane’s legal team with only a third of the documents relating to the tycoon’s tax affairs under SARS investigation – and allegedly failed to hand over the rest.
The disclosure and complaint against Naidu prompted the NPA to immediately withdraw Naidu from the Mpisane matter – and shortly after, announced it was withdrawing all charges against Mpisane.
Mpisane said she welcomed the investigations into her complaint against Naidu, despite the lengthy time it has taken.
“I fought a long, hard battle to clear my name in court and don’t want to be drawn any further into this matter. The NPA and other bodies need to do whatever they deem necessary to ensure that their actions are procedurally correct before they target members of the public and taxpayers.
“I have moved on and would never want anyone to go through what I was put through over two years,” said Mpisane.
Daily News