Durban - A senior state advocate tasked with fighting crime in the province stands accused of using her position to try to shield her businessman husband from prosecution in a fraud matter.
KwaZulu-Natal’s Director of Public Prosecutions, advocate Moipone Noko, and the Independent Police Investigative Directorate referred the Daily News to one another when asked for progress on the investigation into the woman.
At least two senior-ranking officers in the provincial anti-corruption task team (ACTT) said Noko was not providing direction on how the matter should be handled.
They both requested anonymity for fear of reprisals.
The ACTT is a multidisciplinary task team comprising members of the Asset Forfeiture Unit, NPA, Special Investigation Unit, Sars and the Treasury.
The officers said the case to investigate the advocate was registered, and the Daily News has seen its copy.
In a sworn affidavit attached to the case docket, it is alleged that the advocate had attempted to talk to a senior officer to talk the investigators into dropping the investigation against her husband.
“The senior officer had gone to the NPA’s commercial crimes unit offices on Victoria Embankment when the advocate asked him to convince the investigating officers to stop the ‘malicious investigations’ against her husband. The officer viewed the advances as an embarrassment to the NPA,” said the source.
According to the affidavit, this advance by the advocate happened between July and September 2017.
“She told me to discourage investigators from pursuing charges and seizure of her husband’s assets. This behaviour of the advocate is an insult to me, and towards the oath she took to uphold the law without fear, favour and prejudice. Her behaviour is an embarrassment to the NPA. She compromised the important role that prosecutors have to uphold the law of our country,” reads the affidavit.
A case to investigate the advocate for defeating the ends of justice, obstructing the course of justice and corruption was then registered at Durban Central police station.
The woman’s husband was investigated on suspicion of involvement in a cheque scam at a Zululand municipality between 2011 and 2012. It is not clear how far that investigation has gone.
“The docket on this matter was taken away from the officer who was handling it without an explanation, and he is in the dark about what became of the investigation,” said one officer.
Zululand Mayor Thulasizwe Buthelezi confirmed the cheque scam but said he had not seen the full report on the matter.
“I was not here when this happened, but I have requested the full report into the matter because I want to see the final outcome. Unfortunately, this takes long, because the people who were at the helm at the time are no longer here. So I don’t know if there are outstanding people to be dealt with regarding those cheques,” Buthelezi said.
When contacted for comment, the advocate said the issue was dealt with by the DPP’s office. “I think decisions were made, but I can’t comment, so please contact the NPA’s spokesperson for comment,” she said.
Through Natasha Kara, the NPA’s spokesperson, Noko, the prosecuting authority head in KZN, said: “The case is with IPID, journalists must approach them”.
On Tuesday, Noko said in a written response: “It has just emerged that in actual fact there are some case dockets that are with one of the state advocates in the Pietermaritzburg office, as I have just been informed by one of my deputies.
“This deputy will now attend to these matters, and we will forward them to head office so that prosecutors from outside of KZN can deal with them because the involved official is stationed in KZN.”