Khasho February March 2012 - National Prosecuting Authority

NPA NewsSneaking in afu’s central regionNomilo MpondoThe Asset Forfeiture Unit (AFU) was established in May 1999 in the office of the NDPP to focus on the implementation of Chapter5 and 6 of the Prevention of Organised Crime Act, 1998 (POCA). 14 years in existence, there are still members of the NPA who donot understand the functioning of this powerful unit well. The restructuring process that took place within AFU in 2010 compoundedthis problem. Khasho caught up with Adv Chris Ndzengu, the Acting Regional Head of the Central Region to share his insight intoAFU’s Central Region which resulted from the restructuring.Some members of the NPA and thepublic at large are unaware that theAFU has a Central Region. What ledto this situation?In the past, the satellite offices of the AFUin the North West, Northern Cape and FreeState Provinces fell under and reported tothe Pretoria AFU Region. Subsequent torestructuring and with effect from April2010, the three offices constitute whatis now known as the Central Region,led by the Acting Regional Head (ARH)situated in Bloemfontein.What is the current staff complimentof the region, including SAPS secondedmembers?There are two Senior State Advocates(SSA) in the DPP North West office,who are both operating from Klerskdorp,with five SAPS Task Team members andan SAPS Administration Assistant. Inthe DPP Northern Cape office there is aSenior Special Investigator (SSI), twoSAPS Task Team members, two SAPSAdministration Assistants and the ARH.The ARH drafts and obtains court orders,in the absence of a SSA. In Bloemfonteinwe have three SSA’s, one SSI, one JuniorSpecial Iinvestigator (JSI) and threeSAPS Task Team members.What are the challenges with regardsto human resources?You take the little that you have andmake it work. We appreciate the valuableinput made by the SAPS Administrationsupport in Mafikeng and Kimberley. InBloemfontein there is no such supportand all the staff there have to share andadd the administration work to theircore functions. Since there is no SSAin Kimberley the SSI there has to manthe office, do some of the SSA’s workAdv Chris Ndzengu, AFU ActingRegional Head: Central Regionlike pagination and indexing, do hiscore function and also liaise with ourstakeholders like the State Attorney andthe Sheriffs. This is hemorrhaging. Theprocess of filling up the crucial posts hasdisappointed all of us due to its slow snaillike pace.In the 2011/12 financial year the regionwas given the following target: 41seizures worth over R31 million, 38forfeiture/confiscation orders worthover R14 million and more than R7million expected to be deposited intoA cheque of R544 000 was handed over to victim of underlying crime by members of Law Enforcement AgenciesContinued on page 19PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY5

NPA NewsMEET ADV BARRY MADOLO: DPP MTHATHALuxolo TyaliAdvocate Madolo was recentlyappointed Director of PublicProsecutions for MthathaRegion. Below he tells Khasho abouthis legal professional background, whichspans almost three decades, and shareshis immediate goals for the region.Take us through your professionaljourney:I joined the Department of Justice in1983 in Mthatha Magistrate’s Court asa clerk and worked as clerk of the civiland criminal courts. I also worked in thedeposit account section, maintenance andas a prosecutor (what was then known asa legal assistant). I spent another 10 yearsin private practise in Mthatha. I rejoinedthe NPA by joining the DSO in 2001in Cape Town. I moved to Durban in2008 as Deputy Director where I headedorganised crime for a few months andnow I am back home, where it all started.It feels like deja vu.What is your assessment of the moraleand attitude of prosecutors since youtook up office?I have been here now for a few months. Imust say there is a lot of work to be done.But I must add that I was pleasantlysurprised to notice that the majority ofthe prosecutors are able, committed andwilling to work and dedicated to whatthey are doing in the face of challengingand frustrating circumstances. I ampleased by the moral has changed and isnow high.What are your key priorities?By the end of March 2012 we will havezero backlog of decision dockets. Wewill reduce our backlog cases . We haveidentified certain risks that affect ourfinalisation rate. The plan is to improverelations with our partners. We needmore personnel and as such all thevacancies have to be filled before the endof March. We have motivated for moreposts and there is a need to motivate foreven more. Our Organised Crime Unithas to be a unit, not just one person, thesame goes for SCCU. There is a needfor AFU and for a start we plan to haveone person seconded to our region for ayear. However I wish to add that there isa need for a full time unit.Adv Barry Madolo, DPP: MthathaLower courts have always been a bone ofcontention, what is your plan for lowercourt prosecutors?Perhaps the time has come for prosecutorsin the lower courts to have decent officeslike all other professionals. The irony is ifthe DPP office cannot provide this for itsown staff, how are we going to achieve this?“Xa kunje emthini omanzi kobekelaphina kowomileyo”, as wise Xhosa peoplewould say. However with the support weare getting from our head office, I believewe can and God willing we will. We needto level the playing field and to create anenabling environment for all prosecutorsto operate. There is a need to ensure thatthere are two prosecutors per court.What is your view about the AspirantProsecutor Programme?I call it the unleashing of ‘marines’;aspirants are out there to make adifference. Let us give them space to dowhat they know best. I know they havejoined our front line as strikers. If youunderstand soccer you will catch mydrift.Luxolo Tyali is the Regional Communications Manager for DPP: Mthatha6PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY

NPA PERFORMANCEconvicted for killing girlfriend’sgrandmotherPhaladi ShupingAlife sentence was handed down toa 30-year-old man from Kakamasin the Northern Cape after he wasfound guilty of hammering his formergirlfriend’s grandmother to death.Andrew Dawson was convicted of themurder of 50-year-old Lucia Swartzwhich took place in November 2010.It was revealed in court that on the nightof the murder, the deceased and hergranddaughter, Chrizelda Banda, whowas previously in a relationship with theaccused, were sleeping in the verandaof their house together with two othermembers of the family. During the night,Chrizelda woke up and saw the accusedhitting the deceased. She charged at theaccused and struggled with him until shemanaged to wrestle the hammer and sheepshear from the accused. She screamedfor help and the neighbours rushed in toassist. The accused ran away when hesaw the neighbours approaching.Chrizelda went to check on hergrandmother. She found she had beenhit on the head and was unconscious.The grandmother was rushed to hospitalbut died four days later.During his bail application the accuseddenied attacking the deceased as heclaimed that Chrizelda was the one whowas responsible for her grandmother’sdeath. However, during trialproceedings, he admitted to the offencebut claimed that he acted in self-defencewhen he was attacked by the deceased.Arguing in aggravation of sentence,State Prosecutor Thapelo Motseonagengstated that it was the responsibility ofthe court to deal with all those who takethe law into their hands because theyfail to solve their problems in a humanemanner.“Granted, murder is murder, but thisis not your typical murder because adefenseless 50-year-old woman wasmurdered in her home in her sleep.There is no shred of evidence that thedeceased provoked the accused”, statedMotseonageng.On sentencing the accused, MagistrateMalcom Viewe said the courts must notlook for lame excuses for not imposinglife sentences and the only sentencethat he can give to the accused is lifeimprisonment.Commentary byprosecutor ThapeloMotseonagengprosecutor Thapelo MotseonagengThe accused was previously in arelationship with the deceased’sgranddaughter. The deceased wasagainst this relationship because theaccused used to abuse her granddaughter.There was also a protection order issuedagainst the accused. He had a motive tokill the deceased as he did not like her.The accused did not show any remorseduring the court proceedings. He did nottake the court in his confidence becausehe wanted to frame his former girlfriendfor a crime she did not commit. As aresult the magistrate even stated thatif one were to look for a candidatefor rehabilitation, the accused woulddefinitely not be one.This is one of the cases that shockedthe quiet community of Kakamas.The courtroom was always packed tocapacity as community members wantedto see justice being done.I was relieved when the accused wassentenced to life. It was the first time Iprosecuted a case where a life sentencedwas handed to the accused. I learnedfrom this case that evidence given by theaccused during bail application can playa major role in trial proceedings providedthe magistrate warned the accused thatwhatever he says during bail applicationcan be used against him during trial.Phaladi Shuping is the Regional Communications Manager for DPP: Northern CapePROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY7

NPA PERFORMANCESEXUAL ASSAULT NOT EQUAL TOINDECENT ASSAULTLuxolo TyaliThe stiff sentence recently handed toa Mthatha man convicted of sexualassault, who had hoped to escape with alighter sentence with an option of a finecommonly given for indecent assault,has shown that the two offences are notequally punishable.The 35 year old man, convicted of thesexual assault of his niece, was sentencedto eight years imprisonment by theMthatha High Court after just escapingbeing convicted of rape by a hair’sbreadth.The man, who cannot be named toprotect the identity of his minor niece,had through his attorney tried all thetricks in the book to get away with alighter sentence of either a fine, a finewith a suspended sentence or a whollysuspended sentence. However, the strongcase submitted by State Advocate KoosJoubert, clearly showing that sexualassault has to be more heavily punishedthan indecent assault ensured that theperpetrator got a deservingly heavysentence.The state counsel, Adv Joubert, submittedthat “the offence of sexual assaulthas become a common offence and isincreasing at an alarming rate in SouthAfrica”. He emphasised that the publicexpectations of society are that severesentences should be imposed, with therampant crime increase in society andthat the escalation of crime is the directresult of failure by courts to imposesentences which are severe enough tostem the tide of rampant crimes targetedat women and children.The convicted man was initiallyarraigned for trial in the Mthatha HighCourt on counts of statutory rape andsexual assault in terms of the CriminalLaw Amendment Act 32 of 2007.The man, an uncle truly and genuinelyloved, well trusted and much adored byhis niece, the victim, a 12 year old girl,was alleged to have raped her whenshe was seven years old and sexuallyassaulted her at the age of 12.On the count of rape, the identity ofthe accused was disputed in courtbecause the incident happened inthe dark and the state had to relyon voice identification. The courtruled that there was no evidence thatcorroborated the victim’s evidencethat the person who raped her was theaccused. Hence, he was acquitted onthat count.Concerning the sexual assault charge,it was alleged that the accusedcommitted an act of sexual violationof the victim by touching and rubbingher private parts with his hand. Thisincident happened during a familygathering in his room, where he wascaught red handed when the victim’smother entered his room and witnessedthe incident.In sentencing, the court noted that theaccused was not remorseful and hadshown no remorse even to his victim,continuing to maintain that he didnot commit the crime even thoughthere was overwhelming evidencepointing to the contrary. Thus, hewas sentenced to eight years, ofwhich four were suspended on certainconditions.COMMENTARY BY ADVKOOS JOUBERTInitially a former colleague, Adv Nel VanZyl, dealt with the matter and secured aconviction on the count of sexual assaultbut after he left the Mthatha office Idealt with the sentencing.In its judgement the court correctlydescribed the accused as an extremelyarrogant individual. From the onsetof the case it was clear that theaccused’s only concern was to escapea possible conviction on rape. Had hebeen convicted on the rape charge, hewould have faced a sentence of lifeimprisonment.He was quite relieved when he was onlyconvicted on sexual assault, obviouslyunder the impression that he wouldonly be sentenced to an option of a fine,alternatively, a suspended sentence.This attitude was most probably causedby the fact that the Act remains silent asAdvocate Koos Joubertto a specific or prescribed sentence in thecase of sexual assault.The defence argued that the court shouldseek assistance in sentencing frompreviously reported cases on indecentassault. I had to concede that a study ofthe case law dictates that an option ofa fine was an appropriate sentence forindecent assault but not for sexual assault.It was argued that the imposition of a fineis not an apt sentence for sexual assaultand the only type of sentence whichremains is a term of imprisonment. Inthis case the accused’s act of touchingand rubbing the victim’s private partswith his hand nearly constituted “sexualpenetration”. If his hand or finger hadentered her, he would have been guilty ofrape and then had to face a term of lifeimprisonment. Hence, an option of a finewas not appropriate.In committing crime one must be preparedto spend some time in jail.Luxolo Tyali is the Regional Communications Manager for DPP: MthathaPROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY9

NPA NewsTHERE’S A NEW CHIEF IN TOWNNatasha RamkissonAdvocate Nonhlanhla Dlaminiwas recently appointed ChiefProsecutor of the Durban Clusterin KwaZulu Natal (KZN). Khasho metwith her to talk about her appointment.Tell us about your backgroundI was born in a village in Bulwer calledMahwaqa and I schooled in Bulwer.When I was in Standard 9 I had to leaveschool because there wasn’t enoughmoney to continue studying. I thencame up with an idea of working onthe farms during the school holidays toearn money so that I could go to school.My earnings helped pay for my rent,food, uniform and school fees.In 1987 I was employed by theDepartment of Justice as a CourtInterpreter. I started studying Law atUNISA in 1996 and I did my B. Lurisin 1999. In 2000, I was appointed as aProsecutor; first at Masinga and thenPietermaritzburg where I joined theirrelief component in 2004. It was atthis time that I also graduated with myLLB. I was admitted as an Advocatein 2005 and appointed as a SeniorPublic Prosecutor (SPP) at the DurbanMagistrate’s Court in 2008. I workedthere till my appointment as ChiefProsecutor.What projects were you involved inas SPP?I was involved in the Human TraffickingTask team, Child Justice and SexualOffences courts, where we saw childvictims, some even mentally challengedvictims. My job was also to oversee theMaintenance and Domestic Violencecourts and I was a member of the LocalVictim Empowerment Forum.Now that you are a Chief Prosecutor,how will your participation in thesechange?Even though I have a passion forthese issues, I cannot participate onthe same level as I previously did. Iwill, however, try to attend meetings ifand when time permits me to do so. Ihave asked the Human Trafficking taskteam to keep me updated and on theirdatabase so that I may be in touch withdevelopments.How does it feel to be appointed asChief Prosecutor?It’s exciting yet challenging becauseDurban is the biggest cluster inKZN. It’s also ‘big shoes’ to fill asmy predecessor Mr. Sibeko was theChief for a long period and he was ahighly respected person. I see it as anopportunity to learn more and for me todevelop further. The support that I amalready getting from the staff as wellas the Senior Managers and the ActingDPP reassures me.Advocate Nonhlanhla DlaminiAre there any priorities that youwant to address?Yes, I’d like to address changemanagement. There has been asignificant change to the cluster. TheUmlazi sub-cluster that used to fallunder the Pinetown cluster now fallsunder Durban. Change generally causespeople to become anxious and theylose focus, so I’d like to address thisanxiety. Furthermore, it is a big changefrom being a colleague to the staffhere to being their manager. I’d alsolike to improve the performance in theRegional Courts and see if we can makemore use of court hours.Natasha Ramkisson is the Regional Communications Manager for DPP: KZNContinued from page 8the NPA and the area of society itservices. There is a need to change theNPA’s participation in the knowledgebasedeconomy from one of pureconsumption to that of a full participant,encompassing both innovation andconsumption activities.The definite value can only bedetermined when the storedinformation can actually be used. Thisinvolves development of systems likeDocument Management, DecisionSupport Systems, other administrativesupport systems, a dynamic intranetand a Virtual Library system which isindependent of distance and time.Some of the major issues facingthe NPA include lack of automatedadministrative systems. Currently,information systems are fragmented,not consistent and with no systemsin some offices. New versions ofsoftware make demands for upgrade ofhardware, this includes server upgradesand replacement of old network relateddevices.We also lack adequate capacity to makeICT relevant to the users, who relyon these services to be competent atwhat they do and improve operationalexcellence. The current and futurecapacity of the IMSC Unit to generateand sustain access to informationand communication technologiesfor employees and customers is animportant development priority. Theunit has to capacitate itself at all regionallevels, which means each region has tobe allocated its own ICT specialists.What do you hope to achieve for theNPA by the end of the financial year?The strategic goal of the IMSC Unit is tobuild an infrastructure that is sufficientlyreliable, flexible, cost effective, meetstoday’s and future demands, and tohave the ability to implement newtechnologies in a time frame thatmaximises the benefit to the NPA and itsclients.Finally, what motivates you as aperson?I enjoy reading and generatingknowledge, whether at work or ingeneral.PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY11

NPA NewsA ‘SUN-HERO’ in our midstNomilo Mpondo‘MUM BUST DUMB THUG’- thesewere the words used by the Daily Sunnewspaper to describe Ms PatienceNyathi’s actions when she apprehended aman with a stolen phone in his possession.As fate would have it, she luckily sat nextto this thug in a taxi that was en route toThokoza, Ekurhuleni.To be called ‘SunHero’ is a big accolade,how does it feel to be bestowed withsuch an honour?It feels great and is such an honoursince it is consistent with the NPA’s corefunction of fighting against crime.It’s normal for taxi passengers to keepto themselves inside the taxi, whatdrew your attention to that particularman seated next to you?He looked suspicious because he wasdeleting all the contacts and otherinformation stored on the phone.When you asked where he got thephone from; were you not encroachingon his privacy?No, I do not think so, I knew it wasn’this, he got it by force from somebody,living and working in Joburg. I am alwaysvigilant, and I feel that it is my duty as aSouth African to protect victims of crime.An altercation ensued in the taxi, otherpassengers blaming you of intruding,were you not scared?No, I was not scared as the majority of thepassengers were in fact supporting me.When you phoned your boys to come,were you not putting their lives indanger? Did that cross your mind atthe time?No I never thought of it, as I reactedinstinctively.When you look back, do you feel youractions were justified?Yes. The fact that the man was arrestedand charged and also despite the fact thatI am a woman and not a police officerand I made a citizen arrest is more thanjustified.Would you do it again?Yes, if opportunity presented itself Iwould.Patience Nyathi, Legal Secretary:JohannesburgWhat drives you?The legal environment that I work in, andthe hope that one day we will all live in apeaceful country.12PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY

NPA PERFORMANCEAGGRESSIVE APROACH TOIRRESPONSIBLE DRIVERSEric NtabazalilaOn Tuesday, 28 February 2012, WesternCape High Court Judge Robert Henneysentenced Jacob Humphreys to 20 yearsdirect imprisonment after convicting himof ten counts of murder and four countsof attempted murder. This successfulprosecution and long term prison sentencewas widely welcomed across the countrywith Transport Minister Sbu Ndebeleand Advocate John Jonck of Arrive Alivejoining the chorus of praises.Advocate Susan Galloway of the DPPWestern Cape successfully argued thatHumphreys did see his action wouldlead to the death of the ten childrenand attempted murder of the four otherchildren but he recklessly continuedto cross the Butskop level crossing inBlackheath, Cape Town.“With his experience he should have seenthat his actions would lead to the deathof the children. We dismiss his insistencethat he can’t remember anything. Hedoesn’t want to take responsibility,he hasn’t shown any remorse and hasfailed to apologise to the families eventhough he was given an opportunity todo so during his testimony”, AdvocateGalloway added.Judge Henney agreed: “These offenceswhich were committed arose out of acallous and blatant disregard for therules of the road and traffic laws. Thissentence must serve as a deterrentfor those members of the public whomake themselves guilty of this typeof behaviour. It is because of this veryattitude that there is a high prevalenceof accidents and fatalities.” What cameas a surprise during the case is thatHumphreys maintained that he can’tremember anything about the accident.His legal representative, AdvocateJohann Engelbrecht had to plead on hisbehalf during mitigation of sentence that‘hy het ‘n dom ding gedoen’. The 56 yearold father of five who used to work forTransnet as a Shunter never uttered thosewords to show his remorse.Arguing in aggravation of sentence,the Deputy Director of Road SafetyManagement in the Western Cape, DavidFrost, informed the court that minibusesconstitute only 3% of the registeredvehicles in the Province but are involvedin 6% of all traffic crashes and represent10% of all traffic casualties.He said a strong message needed to besent out in terms of adherence to roadrules and severe punishment should behanded to those who break the law.Commentary by advSusan GallowayWhat was important to me from the onsetis that, although it was not technicallythe most difficult matter I have had todeal with [i.e. there was no trials-withina-trialrelating to the admissibility ofconfessions, pointing-outs, cell phonerecords, etc] it was still a difficultmatter to deal with specifically as it wasregarded as “something new”. This isbecause it was the first time that we weretrying someone on charges of murder andattempted murder resulting from a motorvehicle collision in the High Court.We charged the accused with murderbased on the principle of dolus eventualis,Adv Susan GallowayEric Ntabazalila is the Regional Communications Manager for DPP: Western CapePROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY13

NPA PuzzleBRAIN TEASERWillie Hofmeyr’s unitis responsible forShort for advertisementsUnit that deals with ethics &integrity in NPAthis (5,10)NPA schools outreachin Jan, at ...NorthContolling body for AfricaAssociation FootballHigh school in PE recently Rehabilitationvisited by NPA for schools (short)outreachYoung horseActionassociatedwith legsA judge summons accused toappear in court at a later dateFollowsDPP Mthatha, Adv BarrySubject associated withAristotle ... physicsInternationalOrganisationfor Migration(Abbr)DPP SouthGauteng, AdvAndrew...UniversalElements (Abbr)EmploymentEquity (Abbr)NutFemale titleHad putsomething extraDate of Birth(Abbr)BeerBrother ofJacob in theBiblePronounThorny grapebush (5,4)EstimatedNationalExpenditure(Abbr)DPP Free State, Adv Xoli ...Pieces of landsurrounded bywaterMoney(slang)1st letter ofthe alphabetMathematicalconstantTransmitRooibosbased skincare rangeMain colourTV, Radio, etcDistrictof NPA logosurgeon(Abbr)MyselfBone chestcavityRoad surfaceConfusesomeone, getOrganic Oracle (Abbr)him ... (4,1,1)Fire powerPattern ofdrums strokesin musicTitle +Surname ofNPA legaladvisorPoorExcuseShort for DianaAnonymous(short)ActingNDPP, AdvNomgcobo...Circularcurrent ofwaterProsecutors do this to childrenin conflict with law, ...out ofcriminal justice systemNegativeResponse7 in romannumeralOrganisationalCommitmentQuestionaire(Abbr)Third form ofverb to beInter-militaryinitial visit(Abbr)Video file typeTarran livesthereOpposite of out3rd album ofrockband,toolsA thingVery old (Abbr)Odd numberless than 10Men’s garmenton shirt...and behold!Cereal grainTelevision... - square(Abbr)14PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY

NPA NewsLettersto the editorEunice Phago, Senior Admin Assistant – HumanResource DevelopmentKhasho is an important tool to inform our employees aboutwhat is happening in the organisation. It covers a range of topicsbut what I find particularly interesting is how our prosecutorsfrom different parts of the country are contributing towardsthe eradication of crime by ensuring that criminals get a justreward for their actions. It has helped me to learn a lot about theNPA, for example, about the role of Court Preparation Officersand Thuthuzela Care Centres.I have noticed that even external people read the newsletter,and let us remember that not everyone understands English.Perhaps it would be a worthwhile exercise to consider usingother South African languages. I would also like to see moregraphics in Khasho to make it more interesting and excitingto read.MacDonald Lucas, Security and Risk Manager,DPP Northern CapeKhasho is a great communication tool as it keeps us abreastof what is happening in the NPA. However, I think we shouldtry to balance issues because currently Khasho covers moreof prosecutorial issues than corporate issues which createsan imbalance. Additionally, we should also focus on smallerregions as they are part of the NPA and we need to know whatis happening in those regions rather than have stories fromVGM dominating every edition of Khasho.PROJECT MANAGEMENT AT THE NPANomilo MpondoProject Management is the application of knowledge,skills and techniques to execute projects effectively andefficiently. A project is of a temporary nature in that ithas a defined beginning and end. There are also a definedscope and resources, therefore a project is unique in that itis not a routine operation, but a specific set of operationsdesigned to accomplish a singular goal. So a project teamoften includes people who do not usually work together.optimally within the NPA. The strategic goals of the NPA willbe attained with the kind of impact that will remain far longerthan many of us will.All units are therefore encouraged to make use of the PMO. Itis a winning recipe for success.The purpose of a Project Management Office (PMO)in any organisation is to set project standards acrossall projects. All strategic projects are delivered on timewithin set parameters.Organisations that make use of the skills available withinthe PMO are more likely to succeed as work is approachedin teams with multi-skilled perspectives. This not onlypromotes team work but also creates an environmentfor engagement. For these reasons the NPA PMO hasdeveloped a standard framework of Project Managementfor the organisation. The evidenced value addition of thePMO, globally, illustrates the need to utilise this resourceMasixole Bangeni, Senior Manager: Project Management OfficePROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY15

NPA NewsTrial advocacy training forprosecutorsBasetsana MotlhammeProsecutors must be able to presenttheir cases in court using the artand technique of persuasion, andin a very skilled manner. This techniqueis called trial advocacy. To do soeffectively, they need proper training inthis technique.It is against this background that theLegal Services Division (LAD), under theleadership of DNDPP Advocate NomvulaMokhatla, organised an advanced TrialAdvocacy Training for prosecutors in thedivision as well as prosecutors from theregions.The LAD is a component within the Officeof the NDPP that deals with civil casesinstituted against the NPA, applicationsfor mutual legal assistance, extraditions,legal opinions, representations,legislation and policy review.The training took place from 13 to 17February 2012 in Pretoria at the VGM.It was a week-long training whichcomprised of, amongst others, caseanalysis, court etiquettes and ethics,discussions on expert witnesses, crossexamination, tendering of exhibits andimpeachment exercises. The trainingended with a mock court to enableattendants to put into practice what theyhad learned.It is hoped that the training will alsoempower prosecutors with civil litigationtechniques and advocacy skills, toultimately enable the NPA to use itsprosecutors to represent the organisationin civil matters rather than outsourcingall civil cases to the State Attorney viathe Department of Justice.Prosecutors who attended were veryimpressed with what they learned andthe wealth of information and knowledgethat they had gathered during the weeklongtraining.Sharing the sentiments of manyprosecutors, Senior State AdvocateMoipone Khaeane said it was veryinformative, enlightening and challengingfor someone like her whose focus hasmainly been on criminal cases. She said,“I now feel that I am in a better positionto handle civil matters”.At the end of the training, Adv Mokhatlathanked all the prosecutors who attended,as well as the facilitators who took sometime off from their busy schedules toconduct the training. She said it was veryencouraging that there were people in theNPA who were very eager to learn.Adv Nomvula Mokhatla, DNDPP: LAD with trainees16PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY

NPA NewsAspirant Prosecutors – Class of 2012Sibongile MogaleOn 17 February 2012, the NPAproduced yet another team of136 graduates from its AspirantProsecutors Programme, at a remarkableceremony held at the VGM and attendedby the top leadership of the organisation.Dressed in black suits and white shirts,they all looked very beautiful, and readyto perform the duty for which they weretrained, namely, to prosecute withoutfear, favour or prejudice.Addressing the newly graduatedprosecutors, the national coordinatorof the Aspirant Prosecutor Programme,Adv Daphney Rangaka, praised themfor their performance and encouragedthem to enjoy being challenged.She said, “As from today, you areleaders and you are expected to thinkdifferently like leaders, like people whoare at the top, like CEOs and Directorsof companies. You are also expected tobe proactive and to focus on bringingsolutions instead of problems”.Adv Rangaka also paid tribute to theirtutors, senior prosecutors, the NPAmanagement and other role playerswho played a critical role during theirtraining. She said, “Your guidance hasbeen hugely instrumental in mouldingthe prosecutors sitting here today - ourpride of the present, and our hope for thefuture”.In her closing remarks, Adv Rangakaurged the graduates, who will from nowon act as the gatekeepers of the CriminalJustice System, to go out and servepeople impartially, in good faith andwithout fear, favour and prejudice.Speaking on behalf of the Acting NDPP,Dr Ramaite, the Head of the NationalSpecialist Services Division (NSSD),took some time to explain the qualitiesthat make up a good prosecutor, namely:- a blameless and upright character;- firmness and honesty;- experience in legal proceedings;- capacity as a pleader and some littleexperience as a speaker; and- some training in the practice andprinciples of the law.Dr Ramaite reminded the graduates thatwhen a prosecutor appears before a judgeand announces - ‘I appear for the State,your worship’ – he / she is publicly andunambiguously announcing to the court,to everyone in the gallery and to theabsent general public that he /she is thepeople’s representative seeking justice inthe matter.Dr Ramaite further added, “The rewardsand challenges of being a prosecutorare many. It is however, the challengesand difficulties which make the effortworthwhile. Carrying the duties ofa prosecutor is difficult. It requiressolid professional judgement and legalcompetence, a large dose of practical lifeexperience and the capacity to work in anatmosphere of great stress”.In closure, Dr Ramaite quoted formerPresident Nelson Mandela’s plea to themodern prosecutor, during his speechto the International Association ofProsecutors in Cape Town in 2000, inwhich he said: ‘It is your duty to prosecutefairly and effectively according to therule of law; and to act in a principled waywithout fear, favour and prejudice’.Speaking on behalf of all the graduates,Kevin Padayachee acknowledged thatthe previous year was full of challenges.He said as aspirant prosecutors theywent through trials and tribulations butcame out stronger and better people.He also thanked all the tutors andchief prosecutors who stood by themthroughout their internship.Aspirant Prosecutor Graduates and their tutorPROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY17

NPA EventsNPA School Awareness Programmekicks off in the Eastern CapeTsepo NdwalazaThe NPA recognises that school learnersare also customers and beneficiaries ofthe criminal justice system (CJS), just likeother members of the community. Oneof our strategic objectives is to educatecommunities about the role of the NPAin the CJS, and how all members of thecommunity can play a significant role inthe fight against crime.That is why the NPA decided to design anawareness programme that is tailor-madeto address the issues that directly impacton school learners. This programmekicked-off in February 2012 in the EasternCape, where a dedicated team from theNPA visited various schools in the PortElizabeth and Aliwal North areas toeducate them about issues concerning thelaw, the role of the NPA, the use of socialmedia platforms and Sexual Offences Actamongst others.The programme was launched on 7February 2012 at Aliwal North HighSchool and Aliwal North FET College.Also in attendance were members of theSouth African Police Service (SAPS)who partnered with the NPA during thecampaign.The theme of the event was“an Informed Community anEmpowered Community”.The programme startedvery early in the morningwhere the principal of theschool welcomed the teamand gave it the opportunityto talk to the learners.Adv Rhona Scheun, headprosecutor in Aliwal North,explained all the steps thatare taken from the momentthe docket is received fromthe SAPS until a suspectappears in court. She explained at lengthwhat prosecutors do once they receivedockets.The NPA spokesperson, Adv MthunziMhaga, also engaged the learners oncrimes related to social media platformssuch as twitter, BBM, facebook, What’sUp, and so on, citing the advantages anddangers of these platforms.The enthusiasm with which the learnersreceived Adv Mhaga’s speech wasexhilarating. Making examples that werefamiliar to the learners, he informed themthat it was illegal for a person below theage of 16 to engage in sexual activities.Using the Jules High School case as anexample, he advised learners to avoid theurge to repeat what happened there.Following the Aliwal North visit, the NPAteam took the campaign to Cowan High18PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY

NPA EventsSchool on 23 February 2012, followed byNewell High School the following day.Both schools are in the Port Elizabethtownship of New Brighton. In attendancewere Ms Bulelwa Makeke, the ExecutiveManager for Communications andAdvocate Mthunzi Mhaga, the NPAspokesperson. Important issues related to“mob injustice” were highlighted.The presentations were well receivedby both teachers and learners. TheNewell High School learners were thebravest of them all by engaging withthe speakers and asking very relevantquestions, which left a huge impressionon their teachers as well. At each of theseinstitutions the NPA team left brochuressuch as Understanding the CriminalJustice System to further empower themwith knowledge.The presence of the NPA did not gounnoticed. The community media in thearea came in numbers to cover the event,such as Zithethele Community News,The Herald, Nkqubela FM, Eye FM,Bay TV and Bay FM.The NPA believes that this campaignwill benefit and empower many schoollearners in the country, and will alsoassist in reducing the cases of youngpeople getting into conflict with the law.Although the campaign kicked off inthe Eastern Cape, it will also be takento other parts of the country to reach outto as many school learners as possible.Tsepo Ndwalaza is the Regional Communications Manager for DPP: GrahamstownContinued from page 5CARA or paid to victims. How is theregion doing in this regard?The geographical distance compels us torely heavily on information technologyand any hiccups in that regard hamperproduction. The region is landlockedand generates less value orders thanelsewhere. But there is always potentialand room to improve. We have obtained50 seizure orders worth over R12million, 40 forfeiture/confiscationorders worth close to R6 million andR3.8 million is already in the hands ofvictims of underlying crimes boostingrestorative justice or CARA which willbe used shortly to assist law enforcementagencies in combating crime.The staff has been urged to put moreeffort, notwithstanding our unrelentingchallenges, and exceed the targets.Lastly what are your future plans forthe region?They are three fold:• To do my best and constantlymotivate staff that we are doing ourwork for the citizens out there and inparticular because we love what wedo (and not for the salary);• To overcome the detractions whichcome with the job; and• To grow the three offices to be fullyfledged regions with self supportingstaff components for all and sundryto be aware that the AFU is in thearea.Eric Ntabazalila is the Regional Communications Manager for DPP: Western CapePROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY19

NPA NewsFARE THEE WELL INDEEDMedupe SimasikuOn Friday 24 February 2012, DPP NorthGauteng office bid fare well to one ofits Senior State Advocates, Adv EstherMnguni. She was part of the DPP’s officefor almost thirteen years. Fortunatelyshe is not completely moving out ofthe Gauteng North region but gettingsomehow more close and personal withwhat she has ardently done for years; thatis getting much closer to the communitiesshe has served for her entire working lifeand continues to ensure justice to all. Sheis moving to head the Klerksdorp clusteras a Chief Public Prosecutor from March2012.Being a dynamic preacher in her ownlife, a prayer woman, very sociable, softspoken,articulate and well-educated,one would not think that she would be inAdvocate Esther Mngunithis very demandingcareer. She wasactually regarded asan in-house spiritualleader. “She is oneof the members whois able to exhibit herresilience as and whenshe is called to duty, nomatter how complex itmay be”, expressedAdvocate Baloyi. Shehas handled cases thatwere way too complexand many would thinkthat she would havecracked, yet she sailedon and brought in welldeserved results. Shepacks a punch in as far as her career isconcerned as she was also involved inthe management of the Pretoria Clusterfrom 2002 -2005 and she did that workexceptionally. She has handled severalhigh profile matters (e.g. ProfessorPapo matter) and served under variousprominent Judges like Judge Kgampepewho is currently in the ConstitutionalCourt.“I have waited for this day for a very longtime. I started this career on 17 December1991 in Siyabuswa and was the first blackfemale prosecutor in KwaNdebele duringthat time” she pointed out. AdvocateMnguni moved to DPP North Gauteng on1 April 1999, which means she has beenhere for almost 13 years. “I am humbledAdvocate Esther Mnguni receiving a present from AdvocateMeintjies on behalf of all members of the DPP’s officeto have been part of this office and I amhumbled to have worked with each andevery one of you” she articulated. She isone of the women prosecutors who doesnot take kindly to crime against womenand children, leading her to deal withsuch cases very diligently. It has almostbeen a decade from her appointment as aSenior State Advocate to her appointmentas the Chief Public Prosecutor. “Thattook perseverance, and that means it doespay to have that patience and to workhard to achieve more goals” she said.She related well with everybody duringher stay at the DPP’s office. Everyonecould attest to her friendliness and thewill she had in playing a constructive rolein everyone’s life.Medupe Simasiku is the Regional Communications Manager for DPP: North GuatengAcknowledgementsEditor:Nomilo MpondoNPA CommunicationsEditorial Management:Tebogo SeateBulelwa MakekePublished for the NPA by:Buka Publications CCwww.bukapublications.comSend your news and letters tokhasho@npa.gov.zaorfax your stories and information to012 843 212020PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY