Durban03122012 Shawn Mpisane leaves court today.Picture:Marilyn Bernard

Durban -

The National Prosecuting Authority says the KwaZulu-Natal head of the authority, advocate Moipone Noko, is not under investigation.

On Monday, NPA spokesman Nathi Ncube made the comment after the City Press reported that Noko was being investigated for allegedly dumping files linked to the tax fraud case of Durban businesswoman Shauwn Mpisane at the Pietermaritzburg High Court in the parking lot.

Mpisane was acquitted of tax fraud charges this month after the national director of public prosecutions, Mxolisi Nxasana, decided to stop the prosecution owing to irregularities.

It was alleged that prosecutor Meera Naidu, who had been handling the case, had suppressed evidence during the trial.

Ncube confirmed two weeks ago that an investigation into the irregularities was under way.

City Press newspaper reported that there was closed circuit television footage which showed Noko leaving the files in the parking lot. But Ncube said that there was no internal investigation into Noko’s conduct and that his comments to City Press had been “distorted”.

“There was no complaint brought to the attention of the NDPP or any other senior NPA official about the dumping of files.

“The first we heard of this allegation is when the City Press approached us for comment, so there could not have been an investigation which was already instituted to look into this.”

Asked if Nxasana had ordered an investigation into the matter, Ncube said there was no investigation.

“It has not been established that the files were dumped in the parking lot.”

Meanwhile, the DA’s Debbie Schafer called for Noko’s immediate suspension on Monday.

“Advocate Noko must be suspended. It is undermining the credibility of the justice system in KwaZulu-Natal if she is left to continue in the most senior office in the province making crucial decisions while this matter is being investigated,” Schafer said.

She said the party would submit parliamentary questions to Minister of Justice Jeff Radebe about the reported investigation.

The Mercury