Khasho September 2012 - National Prosecuting Authority

NPA NewsVOX POPSKhasho decided to acknowledge the work of women in the employ of the NPA. Some of the women that Khasho spoketo are those that journeyed with this organisation from its Maizeboard days. Khasho also tracked down a few otherwomen that have showed some resilience throughout the years, soldiering on up to this day. Here is what they had tosay when the Khasho spotlight shone on them:Jennet Gentles - PA To Chief Prosecutor (DPP Free State)What is your role and how long have you been doing it?I’m the PA to the Chief Prosecutor: Bloemfontein Cluster. We are the biggest of the three Clusters in the Free State,and I deal with the Chief Prosecutor and an establishment of plus minus 90 prosecutors, relief prosecutors andaspirant prosecutors on a daily basis.I have been in this position from April 2006 up to now and I am still enjoying it. This position brings new challengeson a daily basis making it interesting.What does women’s month mean to you?Women’s day commemorates the national march of women to petition against legislation that required African persons to carry the “pass”which curtailed an African’s freedom of movement during the apartheid era. Therefore this day means freedom of movement for all SouthAfricans. It reminds the world that women played a part in the liberation of this country. To me, this day should be celebrated daily, but as itis a ‘specially invented day’ why not spoil the strong woman of SA who have helped and are helping to build the country? Women’s monthis a tribute to the achievements of women everywhere.What is the NPA’s attitude towards women employees?The NPA’s attitude towards women employees is impressive because we have women holding senior positions in this organisation. Itshows that gender is not an issue when it comes to filling of positions. At present the acting NDPP and acting CEO are women. Even atthe provincial level we have women holding DPP positions in the Free State, Northern Cape and KwaZulu Natal. The NPA also ensuresthat women employees have basic knowledge about gender issues and violence and provides legal information through various awarenesscampaigns. The organisation makes positive provision of opportunities for women, as we can see the increasing recruitment of femaleemployees. We are also proud of our own female DPP in the Free State, Adv. Khanyile.Kefilwe Ramatsekana - Secretary (Research & Policy)I joined the NPA on 04 September 2002 at Maizeboard and worked in several offices as an Admin Assistant andSecretary. I worked at the CEO & CFO’s offices, Executive Manager: Security and Risk and now in the Research &Policy Unit.Do you think the NPA is doing enough in terms of empowering its women employees?Not really. For one to undergo training, it takes a long time and therefore not everyone gets to go on training exceptfor lucky individuals.In your opinion, what is it that the NPA can do to rectify this?Upgrade Personal Assistants to another level to create career growth.Thibane Modjadji – Administration Assistant (NDPP)I was employed by the NPA as a tea lady in the office of the former NDPP Bulelani Ngcuka. In 2005 I worked withthe then NDPP Adv Vusi Pikoli as a tea lady and occasionally as a messenger. I did computer studies and Adv Pikolinoticed my determination and galvanised for my promotion to an admin/messenger position in July 2007. I have beenin this position ever since but now doing admin work only.Do you think the NPA is doing enough in terms of empowering its women employees?Yes it does. Look at me now from being a tea lady to where I am. I didn’t have any experience when I got this postbut I have learnt a lot through my journey and thanks to the NPA, I am where I am today.Tsakane Golele - Senior Manager (AFU)I started working for the NPA in 2001 at Maizeboard as a Finance Officer (salaries). I got promotion and becameSenior Finance Officer. I then got secondment to the Serurubele Project and later moved to supply chain still as aSenior Finance Officer. In 2008 I got a transfer promotion at CARU which moved to DoJ in 2009. In 2012 I movedback to VGM at AFU after I was promoted to a Senior Manager post.In your opinion, what do you think is the attitude of the NPA towards its women employees?We as the NPA still have a long way to go in terms of taking women seriously. Not much has been done in terms ofpromoting women employees, especially black women. Check the Employment Equity Policy and then see blackwomen that hold higher positions in the NPA. There is still a wide gap compared to women of other races. There is no balance betweenblack and white women holding higher positions.6PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY

NPA NewsAdv Trish Matzke - NPSI started working in 1986 in Germiston then went through the district and regional courts. I also worked as an SPP fora while then went to the high court in Johannesburg first at the Fraud Unit which was based in the DPP office where Iprosecuted for a couple of years.In 1999 I joined the DPP: Pretoria and later moved to Maizeboard – an opportunity I got when they were looking forsomeone to do representations. I then moved to the VGM building when the organisation moved offices. I must saythat I have made good friends in the NPA throughout the years some of whom I’ve become dependent on. Sylvia isone such person that I depend on especially on representations and I will miss her dearly when she goes on retirementat the end of this year.What do you think is the attitude of the NPA towards its women employees?I personally think that women are cared for in the NPA especially now that we have the Acting NDPP who is a woman. Women arerespected in the NPA for the work they do. In my personal opinion I think the NPA is well run. Look at the acting NDPP Adv Jiba, AdvMajokweni, Adv Mokhatla and acting CEO Adv Van Rensburg; we are almost a ‘women’s organisation’. I have never experienced anydiscrimination working under a woman like I experienced while working under male leadership.What does this month mean to you?It is a special month, especially women’s day. It is nice to be recognised as a woman, in our families as well. When there is a day dedicatedto someone, even those people who really don’t recognise a special day, they will recognise it. Women are the backbone of society. Mychild says I am a career woman, but I am also a mother.Women were created to be strong; they can hold the position of being a career woman, a mother and a wife simultaneously. Can men dothe same? Just wondering!Lusanda Ntwanambi – PA (SOCA)I started with the NPA in October 2002 on contract with the Inventory Team. Within a month I was moved to theSOCA unit to assist Adv Thoko Majokweni as a Personal Assistant. I also worked for Labour Relations in 2005 as aSecretary to Senior Manager, Ronnie Pather before moving to SOCA again where I got a permanent appointment inAdv Majokweni’s office.How does it feel to have an organisation that is headed by a woman?Sis Thoko as we call her is a great lady boss to work for. She is more of a mother than a boss. Working with her isreally comforting.Do you think the NPA is doing enough to empower its women employees?In my opinion, it depends on who you are working with. In my situation, career wise I have grown a lot. Sis Thoko has opened a lot ofclosed doors for me. Working with her developed my networking skills. I can now network with people at different levels. She has givenme that platform.She once allowed me to chair a big function that was held at the Sheraton hotel. The event was about abused and vulnerable young girls.The SOCA unit, on behalf of the NPA, plays a big role in empowering these vulnerable girls.Sylvia Fischer – Personal Assistant (NPS)I started with the NPA in 1991 at the DPP: Pretoria office as a switchboard operator also doing clerical work andadministration. I also worked with dockets. In 1998 I moved to Maizeboard as a Personal Assistant to Adv Matzke. Ihave been working with Adv Matzke ever since.What does the women’s day/month mean to you?To me it is like a family day.In terms of career growth, do you think the NPA is doing enough to empower it’s women employees?Yes, I think it does. Since I started working here, I have been empowered a lot.For instance I was recognised and promoted by Adv Mpshe while he was still the head of NPS.Adv Moipone Noko - Acting DPP, KZNWhat is your role and how long have you been in it?I am the Acting DPP for KZN as from 16 July 2012.What does women’s month mean to you?Women`s day/month means that the limelight gets to focus on us as women more during this time than it does ordinarily.In your opinion, what is NPA’s attitude towards women employees?The NPA`s attitude towards its women employees is very positive as the NPA recognises women and respects them too, as it does its maleemployees. In KZN, female NPA employees in the Durban office were treated to lunch by male employees on the 8 August 2012. Thisdemonstrates awareness of women`s month by male employees and it shows they recognise how special we women are.PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY7

NPA NewsVox PopsContinuedAdv Kholeka Gcaleka - Senior DDPP, South GautengWhat do you do and how long have you been doing your work?I started my career with the NPA as an Aspirant Prosecutor in 2004. In January 2005 I was appointed in the ProteaMagistrate Court as a specialist prosecutor in sexual offences and moved to the High Court as a Junior State Advocatein 2006. In 2008 I got a promotion appointment to Senior State Advocate. It is in June 2011 that I was appointed as aDDPP.What does women’s month mean to you?As a society, women in particular, need to reflect on the gains of women emancipation and empowerment. Women oftoday need to take stock and learn from those who have gone through the same path in the past. As a woman in the legalfield I reflect in the life of ‘‘uMama’’ Victoria Mxenge who was a nurse but had an interest in Human Rights during the times of oppression inour country. She strived to achieve her dreams and studied to become a lawyer, and with the support of her husband ‘‘uBaba’’ Griffiths Mxengethey became human rights lawyers. We need to follow suit in order for us to grow and realise that it is not only about us women alone, but it isalso about men in our society; it is through the support of those close to us in our lives that we can achieve maximum women empowermentas it is a societal responsibility. It is important for women in leadership like myself, young as I am, to take the baton from those previouslyinvolved in the struggle by empowering ourselves in order to empower the next generation. In this manner the legacy will be preserved.What is the NPA’s attitude towards women employees?Unfortunately the NPA is not immune to the practices of the rest of the legal fratenity. Women strive to prove themselves and work as hard astheir male counterparts to be recognised. However through the legislation of Employment Equity, the NPA is achieving in ensuring that womenoccupy higher positions. The appointments of our Acting NDPP as well as DNDPP bear testimony to this achievement. We look up to themto maintain their strides and leave a legacy for the rest of us. The NPA still needs to work on coaching and mentoring for women in particular.Adv Hannelie Bakker - Deputy Director Public Prosecutions, Port ElizabethBackgroundI studied at the then University of Port Elizabeth from 1982 to 1986 and obtained B. Juris and LL.B degrees. I startedas a prosecutor in Graaff-Reinet on 18 November 1986, two days after my final exam. In 1987 I transferred to PortElizabeth where I worked in the District Courts and Regional Courts until 1992 when I was appointed as a StateAdvocate in the newly established DDPP’s office in PE. In 1995 I was promoted to Senior State Advocate and in 2000was appointed as SPP: Head of the Office in PE. I returned to the office of the DDPP: PE in 2003 as a DDPP and Headof the Office. I have now earned my NPA Asset bar-code!What does women’s month mean to you?During the month of August, the focus is placed on the many aspects of a woman and how these unique qualities contribute to relationshipswith partners, family, and friends in our private lives and in our workplace. The NPA has always cultured an environment within which awoman can make a full contribution and a difference to the way we operate as Lawyers of the People. I have never experienced that my sexwas a factor that inhibited my growth in the NPA. I have always believed that you earn the respect of your seniors, peers and subordinatesby the professional way in which you conduct yourself both in and outside the workplace and the quality of your work. I place a very highvalue on maintaining good interpersonal relationships with my colleagues and partners. On a lighter note my colleagues know that I alwayshave sweets in my bottom drawer!Matlotlo Mofokeng – Assistant Manager, Human ResourcesDPP: Northern CapeI have been in this position for four years and I have enjoyed every minute of it. I think the HR department in theNorthern Cape is the busiest because we always fill vacancies as people do not like to stay in this province.Women’s day means that we must maintain and upgrade the courage taken by women of 1956 and nurture the currentyoung women to stand firm against women abuse. The day also means that we should strive for independence and berole players in the economy and enter the male dominated industries. It should remind women that they must continue to be recognised forwhat they possess beyond raising families and also their contribution to the development of the country.The NPA strives to promote women in managerial positions as we have a lot of women holding senior positions in the organisation. Even ourDPP: Northern Cape is a woman. The organisation has always shown a positive attitude towards women because we have hosted a lot of healthand wellness programs with an emphasis on women’s health like breast cancer. Even the NPA policy for maternity and family responsibilityshows that women are highly regarded by the organisation.8PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY

NPA PERFORMANCEFORMER MK FREEDOM FIGHTERSDUG UPFrank LesenyegoFamily members of slain uMkhontoweSizwe combatants, Vuyani Goniweand Cyprian Bheki Hlatshwayo,struggled to hold back tears as the remainsof the two were exhumed at the Old MmabathoCemetery on 13 July 2012.Officials from the Mafikeng localmunicipality, the NPA, the EkurhuleniMetro and the ANC watched over theproceedings as MK Veterans Associationmembers gave their fallen comrades a finalsalute.Madeleine Fullard, Head of the MissingPersons Task Team in the NPA, said theprocess was very challenging with norecords, photos and assistance from themunicipality. “We unsuccessfully dug up12 sites before reaching this one containingthe remains of two young males with manyinjuries”. She further said they wouldperform DNA analysis on the remainsbefore handing them over to the familiesfor proper burial, a process which maytake 2-3 months.Formal proceedings moved to MmabathoCivic Centre where the North WestPremier, Thandi Modise, thanked bothfamilies for sacrificing their own sons inthe fight for freedom and democracy. Shesaid we should teach our children andyoung people how to serve because thatis what kept uMkhonto weSizwe togetherduring the struggle. In closing, she said weall have a responsibility to teach the newgeneration about the history of the struggleand where we come from as a nation.Personal BackgroundVuyani Goniwe (MK Jorrisen) was bornand brought up in Ntselamanzi Location inAlice in the Eastern Cape. Influenced byblack consciousness which was strong atFort Hare University in Alice, he becamepolitically active while at school. In 1977he left South Africa together with hisfriends Bandile Ketelo and Mgcini Malivia Namibia and Botswana, where hejoined the ANC and Umkhonto we Sizweand went for military training in Quibaxeand Funda camp in Angola. He wasdeployed to Botswana where he joined areconnaissance unit.Cyprian Bheki Hlatshwayo (MK Bismark)was born in Soweto, grew up in MafikengUnkhonto weSizwe Exhumation in the Old Mmabatho CementryNorth West Premier Ms Thandi Modise at the Exhumationwhere he was schooled. He worked as amale nurse in Johannesburg before he leftSouth Africa in 1976, joining the ANCand Umkhonto weSizwe. He underwenthis basic military training in Angola,as well as a further six months trainingin the German Democratic Republic(GDR), followed by a survival course inZambia with ZIPRA (Zimbabwe People’sRevolutionary Army) forces. In October1978 he was deployed to Botswana forinfiltration into South Africa.The operation in which they diedThe two formed part of a reconnaissanceunit that infiltrated South Africa fromBotswana on foot near the Ramatlabamaborder post. They walked through thenight. In the morning of 27 October1978, once near Mahikeng, they werespotted by a helicopter and confronted bymembers of the Bophutatswana NationalGuard. Bismark and Jorrisen apparentlydied in grenade explosions in the skirmishthat followed. Their fellow unit member,Tladitsaga Moses “Moss” Molefe (MKNcosi) was shot in the leg and captured thefollowing day. He was charged in the wellknownPietermaritzburg treason trial andlater imprisoned on Robben Island.The search for their remainsBoth the Goniwe and Hlatshwayo familiesas well as fellow MK members searchedfor their remains for years. While it wasbelieved that they were buried in Mmabatho,the precise site could not be locatedas there are no records for the old cemetery.Continued on pg 10PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY9

NPA PERFORMANCEFEAT WORTHY OF RECOGNITIONLuxolo TyaliFinalising eleven cases in eight days, andin the process getting a criminal sentencedto life imprisonment is an accomplishmentthat seldom occurs in the regional courtsof the Mthatha Division. But, in whatseems stranger than fiction, a prosecutorin the Willowvale regional court, wheresomething as basic as a computer is notaccessible to a prosecutor, achieved theaccomplishment with a 91% convictionrate.In less than two weeks in August, regionalcourt prosecutor Fanelekile Kandile managedto surpass the region’s finalisationtarget by twofold, ensuring convictions inmurder, housebreaking, rape and robberycases.One case that stands out is the convictionand sentencing of a 29-year-old man forthe rape of his 13 year-old niece. He wasconvicted and subsequently sentenced tolife imprisonment for house breaking withintent to rape and another charge of rapecommitted in Willowvale, 2010.For his achievement, Kandile was givena gift as a token of appreciation bythe Mthatha Division DPP, Adv BarryMadolo and Butterworth Cluster RegionalCourt Senior Public Prosecutor, FransDlamini. “We had to recognise excellentperformance by a prosecutor workingunder trying conditions in the Transkei,where multiple challenges that are uniqueto the region hinder performance. I hopethis will also motivate other prosecutorsRegional prosecutor Fanelekile Kandile (left) receives a gift in recognitionof his sterling performance from regional SPP Frans Dlaminiin the region to work harder and smarterso as to achieve brighter things,” saidDlamini.Speaking to Khasho, Kandile attributedhis success to prioritisation of cases,building a strong relationship with LegalAid practitioners and making all otherstakeholders understand the targets ofthe prosecution. “Cooperation withInvestigating Officers, consulting withwitnesses well in advance before cases,even over weekends and by telephone,was one of the key contributors to oursuccess. Making sure that the Legal Aidpractitioner, who handles about 98% ofcases in our region, and the presidingmagistrate work towards the same targetas me has been the best strategy,” statedKandile, adding that he does not evenhave a computer in his office.“I have never had a computer sincemoving to the Willowvale station in2010. I rely on other prosecutors fromother courts for case laws and research. Iam sure we can achieve more with betterresources,” concluded Kandile.Continued from pg 9The Missing Persons Task Team in theNPA conducted extensive investigationsand excavations at the cemetery. Afteropening twelve sites, a grave containingtwo young males with multiple traumaticinjuries buried in a single coffin was located.Forensic examination and DNA testswill be conducted to confirm their identitiesand cause of death.Sarafina Hlatshwayo-Funani, sister toBheki Hlatshwayo, said it has been a 34years of pain and agony not knowing thewhereabouts of her brother. “Having aproper burial for the remains lessens thesuffering and closes the long and windingchapter.” she said.Exhumation salute10PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY

job in leading evidence that linkedboth accused to the crime. Accusednumber three was still on the run andcould not be located.Passing the sentence Judge Weinersaid: “The psychological trauma andloss of dignity suffered by the victimsleft deep woundsand I hope thevictims at somestage will be ableto move on. Youshowed no remorseand did not takeresponsibility forwhat you havedone. Your crimeinstilled fear inthe fraternityof emergencyservices and wecannot continueleaving in fear as anation”.The victims wereNPA PERFORMANCEPARAMEDICS RAPISTS TO ROT IN JAILPhindi LouwTwo men accused of raping twoparamedics stationed at theRoodepoort Fire Station duringMarch 2010 were both sentenced to eightlife sentences plus 35 years imprisonmenteach, on 19 July 2012.The two female paramedics respondedto an emergency callfrom Durban Deepwhere a toddler hadbeen severely burntby water. Whilst preparingthe toddler,three armed men appearedfrom nearbybushes. They forcedthem into the bushwhere they gangraped and robbedthem of their belongings.Anotherpasserby was alsoheld at gunpoint andforced to rape theparamedics.This horrific crimetowards people whohave selflessly dedicatedtheir lives tosaving other poeple’slives shockedthe whole country.The President of the country took sometime off his busy schedule to visit thevictims and their families to offer support.He pleaded with the nation towork together with the police in ensuringthat the perpetrators were broughtto book.A fight between accused two and one ofhis friends (Michael Maphopha) in anawaiting trial section of JohannesburgCorrectional facility, popularly knownas Suncity led to a break in this case.The two were awaiting trial detaineesfor another crime at the time. Theyhad an argument over a sim cardand the issue of the paramedics rapecase surfaced during the fight. Oneoffender alerted prison authorities andMaphopha was then called to giveevidence on the case. Upon receivingthese news, prison authorities informedthe police.Adv Phumeza Futshane did a sterling“The psychologicaltrauma and loss ofdignity suffered bythe victims left deepwounds and I hope thevictims at some stagewill be able to moveon. You showed noremorse and did nottake responsibility forwhat you have done.Your crime instilledfear in the fraternity ofemergency services andwe cannot continueleaving in fear as anation.”Judge Weineroverjoyed despitethe violationof their dignityin such a cruelmanner and theyvowed to continuesaving lives.Khasho spoke with Senior StateAdvocate Pumeza Futshane on hersuccess and this is what she had say.To what would you attribute yoursuccess?Hardwork, determination, focus andputting others first before myself.What was the worst moment duringthe trial?When the case was moved from JudgeVan Oosten to Judge Weiner after thedefence felt that Judge Van Oosten wasbiased towards the state. The victimshad to retell their agony to the newjudge all over again. It drained them,they were crying and it pained meto see them going through it all overagain.What kept you strong?As a woman, I knew it was worth allthe pain to ensure safety for manySenior Adv Pumeza Futshaneother women who might have felt preyto these youngsters. I knew I wantedjustice to prevail. The support fromthe family members of the victimsmotivated me to work harder incracking every nut.How did you feel after the conviction?Honestly, I had mixed feelings. I knewthe nation was waiting for justiceto prevail. I didn’t want to let myvictims down nor the entire country,especially my employer. I was excitedthat this ordeal was finally over butsad to part ways with the victimsand their families. But hopefully wewill be working together soon as thefamilies of the convicted youngsterscame running with information on thewhereabouts of the third accused whohas been on the run.Any word of encouragement to otheradvocates?Our work is a calling. Dedicateyourself and be passionate in what youdo. Become strong for yourself first sothat you can be strong for all those thatdepend on you. Remember, thoroughpreparation for any case is the mainkey.Phindi Louw is the Regional Communications Manager for DPP: South GautengPROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY11

NPA PERFORMANCElife sentence for raping 80 yr oldPhaladi ShupingA38 year-old man who repeatedlyraped his 80 year-old neighbourwas sentenced to life imprisonmentby the Viljoenskroon regional court on 28August 2012.Magistrate Johan Visagie sentencedMongezi Kleinbooi Motshesane forraping his neighbour repeatedly on thenight of 6 April 2012, Good Friday, untilthe early hours of the following morning.Motshesane was phoned by his niecefrom Klerksdorp to come to the DoreenFarm outside Viljoenskroon to make someschool arrangements for his children. Hearrived in the morning of the incident,quite drunk. He met his niece where theschool arrangements were discussed andlater that afternoon he went to his housewhich was next door to the victim’s.Just before sunset he saw the victim sittingin front of her house alone. He approachedher, forced her into the house and rapedher repeatedly. The ordeal continuedthroughout the night. Motshesane leftthe granny’s house just before sunrise thefollowing day.The old lady could not walk and had tosit in the room until a woman who takescare of her arrived in the afternoon. Sheinformed her caretaker of what had happenedand later reported the matter to thepolice. The accused was arrested the sameday.He fortunately left his hat in the bedroomof the victim; his niece identified it asthe one that was worn by his uncle theprevious day.Arguing in aggravation of sentence StateProsecutor, Jerry Noge said the accuseddid not show any remorse and societymust be protected from people like him.“The only way that the court can protectour communities from people like theaccused is to send him to prison for a verylong time,” he said.In sentencing, Visagie said Motshesanewas clearly a danger to the society and didnot have respect for the elderly and tookadvantage of the fact that it was Easterholidays and quiet at the farm as mostpeople had visited their families.The DNA results of the accused cameback inconclusive as there was no maleDNA found on the victim. However,Magistrate Visagie sentenced the accusedto life imprisonment based on the rest ofthe evidence that was presented in court.COMMENTARY OF STATEPROSECUTOR JERRYNOGEThis was not an ordinary rape case.It was a case where an elderly womanwas sexually violated by a man youngenough to be her grandson.The elderly found the court proceedingState Prosecutor Jerry Nogetoo traumatic as she had to relive thememory of that fateful day.Her caretaker and the investigatingofficer had to convince her to continuewith the case. They told her it was theonly way society would rid itself ofpeople like him.The incident changed the life of thevictim as she became withdrawn afterthe incident. She did not associate withmany people and this shows how theincident affected her.I was relieved when the magistratesentenced the accused to lifeimprisonment as I was convinced hedeserved a harsh sentence.He did not show any remorse and wasinconsiderate to the fact that an elderlywoman would not live a normal lifeagain due to his evil deed.Phaladi Shuping is the Regional Communications Manager for DPP: Northern Cape12PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY

WELL DESERVED SENTENCE -FACEBOOK MURDEREREric NtabazalilaNPA PERFORMANCEOn 16 August 2012, ThaboBester was sentenced to lifeimprisonment for the murderof Nomfundo Tyhulu and 25 years forrobbery with aggravating circumstancesat the Western Cape High Court. Twodays later, Acting Judge Judith Cloete,who had earlier sentenced him to lifeimprisonment, refused him applicationfor leave to appeal his sentence. Besterwas already serving 50 years when hewas sentenced by Acting Judge JudithCloete.Bester pleaded guilty to the murder ofTyhulu and to robbery with aggravatingcircumstances. He submitted a statementto the court where he outlined thesequence of events leading to Tyhulu’smurder. The 23 year old father of three,whose three week rape and killing spreeshocked the country, pleaded guilty andhis legal representative argued for a lessersentence. The legal representative toldthe court that Tyhulu’s murder was notthe most serious the court had seen. Hefurther argued that his client was youngand did not deserve life imprisonment.In mitigation of sentence Bester told thecourt: “I am fully responsible for whatI have done. I did not fully understandwhat I was doing in Cape Town. I haveknown Nomfundo for four years and Ihave known her family. I can’t believethat I am responsible for killing her. Shebelieved in me. She supported me whenI was accused of rapes in Durban. Shecame down to support me. She was afriend. I am sorry for what happened”.Advocate Samantha Raphels disputedBester’s pleas, telling the court that theaccused did not take the court into hisconfidence.Delivering judgment, Acting JudgeCloete said: “The fact of the matter is that,in your own version, this was nothingother than a sequence of brutal andcallous acts which deprived this youngwoman of her life. It also deprived herloved ones of her presence in their lives.In these circumstances, the communityat large will rightly expect this court’ssentence to reflect the seriousness withwhich crimes of this nature are regarded.No lesser sentence would be appropriatein the circumstances of this case.”Tyhulu and Bester met in January 2011 inJohannesburg while Tyhulu was workingat Sandton BMWwhere she sold theaccused a BMW 1Series at the dealership.He lied toher saying he wasworking on a televisionproductionand she looked likea girl who couldappear on the production.By March 2011 thetwo were in loveand communicateddaily via phone andsms. In early September2011, Tyhuluphoned Besterto tell him she hadchanged her joband would start thenew job on 28 September2011.Advocate Samantha RaphelsBester booked Tyhulu a flight to Durbanon 18 September 2011 and the next daythey decided to fly to Cape Town whereTyhulu would appear at the photo shoot.“ The fact of the matter isthat, in your own version,this was nothing otherthan a sequence of brutaland callous acts whichdeprived this young manof her life. It also deprivedher loved ones of herpresence in their lives.In these circumstances,the community at largewill rightly expect thiscourt’s sentence toreflect the seriousnesswith which crimes of thisnature are regarded. Nolesser sentence wouldbe appropriate in thecircumstances of thiscase.”acting judge cloeteThey checked into the One and OnlyHotel and two days later they moved outand checked into the Ocean Breeze Villasin Sunset Beach, Cape Town.On the evening of 21September, the couplegot embroiled inan argument aboutone of Bester’sformer girlfriends.Bester told the courtthat Tyhulu was underthe impressionthat he wanted apermanent relationshipwith her. Afterthe argument theywent to sleep.At 2am on 22September, Besterwoke up, walked tothe kitchen and tookout a knife fromthe kitchen. Hethen walked backinto the bedroomwith the knife onlyto find that Tyhulu was awake. Theybecame involved in a struggle for controland possession of the knife. He stabbedTyhulu in the chest.Continued to page 14PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY13

NPA NewsBelow is an article taken from the North West University Alumni magazine written aboutFrank Lesenyego, Regional Communications Manager, DPP: Mafikeng.Working with words,he strives for justiceMr Frank Lesenyego’s careernot only reflects his life-longlove of communication, butalso his sense of justice.His childhood dream of working in the printor electronic media prompted him to studyfor a BA Communication degree between1999 and 2001 on the Mafikeng Campus ofthe former University of North-West.“Growing up in Mafikeng, I often listenedto the radio. My hero and role model wasradio announcer Lerato Kuntwane fromRadio Mmabatho, way back in the era of theformer Bophuthatswana,” says Frank.During Frank’s student years, Prof TakalloMofokeng was the rector of the Campusand Ms Modiegi Mosime was head of theCommunication Department.After completing his degree and guidedby his reverence for fairness, he looked foremployment as a communication officer inthe office of the Land Claims Commission.No simple matterWorking at the regional offices of the LandClaims Commission – first in Mafikeng, thenin Nelspruit and ultimately as assistant directorof the Communications and Media LiaisonUnit in Kimberley – he realised that the landrestitution process was no simple matter.One of the difficulties was – and still is –that lost land has since been developed andinstead of resettling people on the landthat they once owned, they are now merelyfinancially compensated for it.“I believe that this defies the principle ofredistribution to a great extent,” he says.Justice for allStill driven by his sense of justice andfairness, Frank joined the regional office ofthe National Prosecuting Authority (NPA) ofSouth Africa in Mmabatho in 2008, wherehe is still employed. Frank explains thespecial role that the NPA plays in the justice32system: “In terms of the Constitution, theirmandate is to institute criminal proceedingson behalf of the State and to carry outvarious functions flowing from it.”Talking to the peopleFrank enjoys dealing directly with thepeople on ground level while conductingcommunity outreach programmes on behalfof the NPA.“This gives me the opportunity to keeppeople informed about the role theinstitution plays in our justice system andconsequently build a positive image of theNPA in the community,” he says.Another important aspect of his work is toestablish a good working relationship withmembers of the media.“The secret,” he says, “is to disseminateenough information to enable them todo their work properly. In return theirgoodwill often results in positive coverage,promoting your corporate identity andbuilding your image.”As assistant director of the CorporateCommunications, Internal and Media LiaisonNorth-West University ALUMNImagazineMr Frank Lesenyego.Unit, he has high hopes that the printmedia will survive the current electronicinformation age.“I think that social media like Twitter andFacebook will rather complement printedmedia instead of replacing it. People stillwant to be able to refer back to somewritten or printed document.”He stays in contactWith many of his cousins currently studyingon the Mafikeng Campus, Frank visits thecampus regularly.“I also have contact with people whostudied with me – we actually had our ownsmall reunion last year,” he says.Frank is the proud father of a four-montholdbaby girl, Matlhogonolo. “She is such ablessing,” he says.He intends to instill in her the same valuesthat he learned from his father.“My late father said what you give to theworld, the world will give back to you athousand times. I believe this definitelyapplies to love.”PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY15

NPA NewsLettersOF RECOGNITIONMy name is Brett Bowman. I am the husband of Candice Bowman and the brother in-law of JacquiTom’s. I would like to let you know that through the actions of yourself, Westville police station and yourjustice team, you have re-instilled my faith in the South African justice system. When we first approachedthe Pinetown Regional Magistrates’ Court I was extremely negative, we had the honour of meetingSenior Prosecutor Linda Kisten who initially got the ball rolling for us. What a wonderful, compassionateand professional woman. She immediately made my wife Candice feel at ease, she asked all the rightquestions and conducted follow up whilst the case was at Pinetown Court. She escalated the case up tothe Director of Public Prosecutions and she also made herself available on Friday 24 August 2012 whenthe Judge handed down his judgements. This meant a lot to us and she will forever be in our hearts.Advocate Melanie Naiker represented us at the Durban High Court. She was always professional, alwaysasked the right questions, was sympathetic, thorough and extremely passionate about her job. We thankedher on many occasions and her response was always that she loved her job and she was passionate aboutwhat she did. This was evident during the trial. Words cannot describe how well she conducted herselfand how well she presented our case. All I can say is, “Melanie you are the most vigilant, professional,dynamic and passionate person that I have ever met. We thank you with all our hearts.’’Prudence Geraud, Court Preparation Officer, was our Victim Impact Counsellor. She crept into our hearts,comforted and consoled us when we broke down in tears. She never left our side during the whole twoweek trial. She was an amazing person and she always conducted herself in a professional manner. Shemade a difference in our lives. We are thankful for what she has done for us. She is such a genuine andsincere person. I do not know how we would have coped without her by our side. Her constant reassuranceand wonderful heart and passion put us at ease constantly. She will always be in our hearts and thoughts.Many ThanksBrett Mathew BowmanMy name is Namhla Siko. I would like to extend my gratitude to Tsepo Ndwalaza, Regional CommunicationsManager, DPP: Grahamstown, for constantly updating my family regarding our case. As a family we feela sense of respect. This gives us hope that justice will be served in the end. May God protect you.Thank youNamhla Siko16PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY

NPA EventsNPA EventsSINAWE & NGWELEZANE TCCS LAUNCHEDNomilo Mpondo and Natasha RamkissonTCCs are a one stop facility for victimsof sexual abuse, thus preventingsecondary victimisation.The proudly South African TCC model isbeginning to be the pride of the countrywith other countries like Chile adoptingthe concept.The absence of Minister Jeff Radebedid not stop the launch of Sinawe TCCin Mthatha in early July. The equallyable Deputy National Director ofPublic Prosecutions, Dr Silas Ramaite,led the NPA during the launch. Thislaunch marked the 53rd in the country.Rhetorically, Dr Ramaite asked if wewere a normal society. He could notfathom why treacherous sexual crimeswere allowed to take place. He howeverretorted that TCCs were there to offersolace to victims of those crimes.Speaking to the community that raisedher, Adv Majokweni, encouraged theMthatha community to participate inlegislation to ensure that their voices atcommunity level were heard. Explainingthe TCCs value add to the Mthathacommunity, she said TCCs were centersto mend and empower victims that havebeen raped by others. Defending therights of women, she said in a democraticcountry women are allowed to go totaverns and no man is allowed to takeaway that right from them. SeumusMac Roibin from UNICEF added thatChief Mtirara, Mrs Titus, Major-General Magadlela, Adv Majokweni, Mayor Ngcobo, Dr Madiba, S.Mac Roibin and Dr Ramaite unveiling the plaque at the launch of the Sinawe TCCviolence towards women and othervulnerable groups prevented the so muchneeded social cohesion.Adv Mkhuseli Jokani ended the sessionarticulating on the workings of theSexual Offences Act. He said the new actrepeals the common law of rape, indecentassault, incest, bestiality and violationof a corpse. Emphasis on the issue of“Ukuthwala” known to be prevalent inthat part of the country was also made.Jokani, warned against misuse of cultureby men under the pretext of culture.Chief Mtirara, Secretary of the KSDTraditional Leaders, appreciative ofthe robust debate that ensued with veryeloquent speakers on the programmequipped, ‘‘I came, I saw and I conquered’’.The 54th launch took place at theNgwelezane Hospital, Empangeni inAugust 2012. The Ngwelezane TCCstarted its operations in the same month.Several dignitaries from local, nationaland international structures graced thelaunch.The Mayor of the UThungulu districtwelcomed the TCC concept, sayingthat the area experienced a high rate ofteenage and child pregnancies. She saidthe TCC would serve as a beacon of hopeto all the vulnerable people in the area.Jeff Borns from USAID said that itwas an honour and a privilege for theUnited States government to help SouthAfrica promote its anti-rape strategy. Heapplauded the partnerships that existedbetween the government and NGOs.P. Mafani, Adv Noko, Dr Khanyile, Dr J. Dhlamini, M.M. Zungu, Minister Jeff Radebe, Adv Jiba, AdvMajokweni and J. Borns at the launch of the Ngwelezane TCCThe Department of Social Development’sDeputy Director General, NomsaMbanjwa said that the Department feltproud to be a part of something thatwould honour the victims of crime. ShePROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY17

NPA Eventssaid that the TCC turned victims intosurvivors and credible witnesses.The Acting NDPP, Adv Nomgcobo Jibamade references to the two recent casesfrom KZN that caught national mediaattention. The first occurred in Mtunzini,where an eight year old girl was raped bya 15 year old boy. He also gorged her eyeout of its socket and the girl had to have aglass eye fixed. The other matter took placein Port Shepstone where four school boysplied a school girl with alcohol and thenraped her. The incident was filmed andthe footage circulated around the school.She assured the audience of the NPA andSOCA’s commitment and dedication toeradicating gender based violence. TheNDPP applauded the Minister of Justiceand Constitutional Development for hiscomments made during his Budget Voteabout resurrecting the sexual offencescourts.Minister Jeff Radebe urged SouthAfricans to respect and protect womenand children, saying that sexual abusewas a gross violation of women’s rights.Its effects were scarring and could leadto loss of childhood and abandonededucation.The minister rounded off his address bystating that the reason that most women,children and even families don’t reportsexual abuse was lack of trust in theauthorities as well as the associatedstigmas. He commended the people thatdeal first hand with victims of abuse.NPA ENGAGES COASTAL COMMUNITIESON ENVIRONMENTAL CRIMESLuxolo TyaliOn 27 July 2012, the NPA tookits education and awarenessroad show to the remote coastalNtubeni villages surrounding DwesaNature Reserve.The road show was an attempt by theMthatha DPP office to ensure that therole of the NPA is clearly understoodby those communities and to addressspecific concerns that are pertinent to thetarget communities.The community residing on the outskirtsof Dwesa Nature Reserve in most casesfind themselves on the wrong side ofthe law by committing crimes againstprotected species inside the naturereserve. Thus, the Specialized CrimeProsecution unit, led by the newlyappointed Deputy Director of PublicProsecutions, Adv Nokuthula Majova,strongly felt the need to ensure thecommunity has an understanding of howthe Criminal Justice System works, so asto reduce the number of environmentalcases on their roll.This is after the DPP office had to decideon a murder docket resulting fromthe killing of an illegal fisher on theshoreline of Dwesa nature reserve bythe reserve’s guards, escalating tensionsbetween the community and the reserve’sadministration.The event was attended by about 400people, who were also addressed bythe South African Police Service,Environmental Affairs, Forestry andFisheries, the Minerals and ResourcesDepartments, as well as South AfricanParks Board, Correctional Services andthe Department of Justice.A question and answer session wasprovided for, after which ButterworthCluster Chief Prosecutor, Vela Balfourgave the main address in which aconclusion to all issues raised wasprovided.Adv Nokuthula Majova answers a questionduring the road show in DwesaChief Prosecutor Vela Balfour addressing the Dwesa Road ShowCommunity member makes his point during the Dwesa Road Show with NPAstaff listening attentivelyLuxolo Tyali is the Regional Communications Manager for DPP: Mthatha18PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY

The NPA has joined forces with theNational Education Department ina campaign against sexual abuseand bullying. The campaign, spearheadedby ‘Proudly South African’, wasestablished following unabated abuse ofyoung women in the country, especiallythe rape of a young handicapped womanthat took place in Soweto.The campaign was officially launched on16 June, Youth Day, and seeks to divert theyouth from criminal ways and encouragethe youth to focus on positive things thatmould their future. It included the officialsigning of the ‘Ubuntu Pledge’ by allparticipating stakeholders including theNPA. This, after the realisation that mostof these horrific crimes are committed bythe youth.The campaign will move to schools inGauteng and is set to roll out to otherprovinces later this year. The escalatingtrend of sexual offences and violencein schools where learners stab and killone another gave rise to this campaignto assist in the eradication of theseoutrageous crimes. This campaign ismeant to sensitise young people about thedangers of sexual engagement, bullyingand violence.This partnership complements the NPA’sexisting campaign of school outreachthat was started at the beginning of 2012,focusing on educating learners about theperils of early sexual activity, rape, drugabuse, mob violence and social media.Ubuntu is an ethical concept of SouthAfrican origin, that means “I am who I ambecause of who we all are”. Successfulbusinessman and CEO of Proudly SouthAfrican, Adv Lesley Sedibe, mentionedthat the campaign seeks to restorehumanity, morals, values and to reach outto the youth of our country. “We need toempower the youth and give them hopein order for them to enjoythe fruits of the new SouthAfrica that many peoplesacrificed their lives for,”he said.helping hand.NPA EventsNPA PARTNERS WITH PROUDLY SOUTHAFRICAN IN REACHING OUT TO THE YOUTHPhindi LouwThe campaign is alsojoined by celebrities suchas PJ Powers, YvonneChakachaka, BabyJake Matlala and manyothers, who will servethe purpose of motivatingyoung stars to utilise theirfree time in developingtheir God given talents.They reminded adults inattendance that Ubuntu isa societal responsibility.“South Africans muststop living in isolation,communities need tostand together in reinstillingmorals, values,respect for human lifeand a sense of pride in ouryouth,” said PJ Powers.A video of the collaborationwork by South Africanartists was played.The video urges the nationto “Shout Out” andbreak the silence.“Boys should protect girls and notabuse them” was a plea from YvonneChakachaka to the youth whilst BabyJake Matlala told them that he becamethe world champion because he wasdisciplined and focused, and that theyshould follow suit if they wanted tosucceed.Orlando Pirates also graced the occasion,their PRO Mr Nicky Modisane andCaptain Lucky Lekgwathi added tothe celebrities’ commitments to lend aBulelwa Makeke signed the Ubuntupledge on behalf of the NPA.“I am happy that the National ProsecutingAuthority is part of this project as theycan help spread the message to our youththat they must begin to act responsiblyand will be held accountable forreckless behaviour by legal authorities.Responsibility should run concurrentlywith our freedom,” said the DeputyMinister of Education, Enver Surty, whowas a guest speaker.PROFESSIONALISM, INTEGRITY, SERVICE EXCELLENCE, ACCOUNTABILITY AND CREDIBILITY19

NPA EventsNPA AT THE UNISA LAW STUDENTS SEMINARNomilo MpondoHonouring Womens’ Day, UnisaLaw Students Association(ULSA) invited the NPAto participate in a very informativesession that was organised to enlightenand empower college law students.A formidable team that comprised awide spectrum of speakers from theNPA indulged the students. The first tospeak was Adv Mthunzi Mhaga whoenthusiastically took the students throughthe role of the NPA in the criminal justicesystem. He went on to engage studentson how a decision to prosecute is usuallyarrived at.He said the decision to prosecute dependedon a consultative process. Swiftly, heenlightened the students about the JubJub case, explaining circumstances underwhich a culpable homicide charge canbe changed to murder. He used anotherexample explaining how the NPA wasvictorious in getting Humphreys chargedand sentenced for murder after a groupof school going pupils were killed whentheir taxi, driven by Humphreys, collidedwith a train on a level crossing in CapeTown.Commenting on the importance of ethicsin the NPA, Mokotedi said the reasonswhether to prosecute or not are alwaysbased on justified and ethical reasoning.He gave a detailed definition of themeaning of the word ‘ethical’. Still ona high note, Adv Vuyo Mhlanga took thestudents through the Victims’ Charterexplaining all sections of the law uponwhich the charter stands. Her presentationwould not have been complete withouttouching on the Thuthuzela CareCentres. Students listened attentivelywhile she explained how TCCs work,the role of court preparation officers andthe partnership between the NPA andtraditional leaders in an effort to eradicategender based violence.The field was now levelled for RobertMampana to market the NPA. Hecomprehensively explained the processfor aspiring prosecutors to get into theaspirant prosecutor programme. Studentswere delighted to hear how much anentry level prosecutor would earn.Adv Mhlanga, Mpho Morolane, Boledi Maboki, Adv Mhaga, Robert Mampana, Prince Mokotedi and Yonela Ntloko at the Unisa Law StudentsAssociation seminarAcknowledgementsEditor:Nomilo MpondoNPA CommunicationsEditorial Management:Bulelwa 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