Prosecutor sues NPA for R5m over his arrest

Published Jul 28, 2016

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Johannesburg - A senior prosecutor, who was arrested for allegedly withdrawing a case against a suspect without permission, is suing the National Prosecuting Authority for R5 million in damages.

In March, prosecutors Terries Maluleka and Tumisho Mangoale were arrested and charged with corruption and defeating the ends of justice. Maluleka was arrested while assessing the evidence in a docket to decide whether a case should go ahead or be withdrawn.

He had been asked to assess a fraud case in which bank cards were found in a car.

According to insiders, the investigation had been weak, which was why Maluleka dropped the charges. Mangoale was the prosecutor in charge of the case.

However, Joburg chief prosecutor Pumeza Futshane laid a complaint against them for the way in which they had handled the case.

Now Maluleka is fighting back and has slapped the NPA with a R5m lawsuit for wrongful arrest.

In legal papers, Maluleka’s lawyer Onke Maseti stated that policemen arrested his client in March and detained him at Johannesburg Central police station.

“The complainant was the chief prosecutor, who is employed by the National Director of Public Prosecutions. The complainant was acting under the umbrella of the NPA.”

Maseti added that “the docket was taken to court on March 7, when the case was placed on roll for prosecution. “Nonetheless, there was no link between our client and the alleged commission of the offence.”

Maseti added: “As a result of the arrest of our client at the insistence of the complainant (Futshane)... our client spent five days in custody before he was taken to court, where he was granted bail of R3 000.

“The action of the complainant, together with the members of the SAPS who placed the docket, was unlawful, wrongful, unreasonable and unwarranted. Therefore, the prosecution and further detention of our client was unlawful.”

Maseti said Maluleka was autho-rised to decide on any docket brought to his attention.

“Should you fail to pay the aforesaid amount of money within the above stipulated time, we will have no option but to issue summons,” he added.

The NPA had not responded to questions at the time of publication.

However, Maseti said the NPA would be defending the matter.

Futshane, who is married to South Gauteng Director of Public Prosecutions Andrew Chauke, has been accused of victimising her staff. Since she took over, several prosecutors were moved from their positions, allegedly to frustrate them.

Futshane has declined to comment.

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