Khasho January/February 2010 - National Prosecuting Authority

6 NPA News10 th HOPAC held in Cape TownLeandra RagoonathSouth Africa hosted the 10 th Heads of Prosecuting Agencies Conference (HOPAC), which tookplace from 10 to 13 November 2009 at the Cullinan Hotel in Cape Town.The aim of the conference is to giveheads of prosecuting authorities anopportunity to meet and to discussmatters of contemporary significance,general principles and issues of practicalimportance.The heads of prosecuting authorities from around the world attended the HOPAC.The conference was officially openedby President Jacob Zuma. The Presidentsaid he was encouraged by the depth ofthe topics on the agenda. Some of thetopics discussed were the independenceand accountability of prosecutingauthorities, manslaughter and penalties,prosecution in the digital age, as well asterrorism. The President emphasised thatit was important that such a conferencetook place, as international crime was onthe increase.The conference attracted headsof prosecuting authorities fromAustralia, New Zealand, Singapore,Zimbabwe, Swaziland, Bermuda,Scotland, Northern Ireland and variousother countries.The first HOPAC took place in Sydney in1991. The purpose of the conference wasto bring together the heads of prosecutingauthorities from countries with a criminaljustice system derived from the commonlaw tradition. Attendance of this originalconference was by invitation andsubsequently HOPAC has taken placeevery two years.Although the greatest part of theconference was taken up by importantdeliberations, the delegates got anopportunity to experience some trueSouth African hospitality. They weretaken to some of Cape Town’s famouslandmarks and many expressed aneagerness to return for the FIFA SoccerWorld Cup in 2010.SOCA Unit celebrates 10 years in styleTebogo SeateSince its establishment in 1999, the Sexual Offences and Community Affairs (SOCA) Unit hasachieved a number of milestones and received numerous awards for its outstanding work.On 10 December 2009, the Unitcelebrated its 10 th anniversary atEmperors Palace in Kempton Park.Advocate Pierre Smith, Deputy Directorof Public Prosecutions, started theproceedings by providing a backgroundon the unit. It was established toaccomplish a number of key objectives,including the formulation of policiesand mechanisms to deal with sexualoffenders and make communities awareof them, to deal with domestic violenceand child justice, to establish dedicatedsexual offences courts, and to develop aninnovative and multidisciplinary way ofmanaging sexual violence by developingThuthuzela care centres (TCCs).With the emergence of human traffickingin the country, the combatting of thescourge was a necessary inclusion.Dr Silas Ramaite, Head of theNational Special Services Division,congratulated the SOCA team on theirachievement. He said: “As far as SOCAis concerned, we have achieved ourvision and mission. So much has beenachieved, but we still have a long wayto go.” He emphasised the importanceof providing personal services tocustomers, and was confident thatSOCA would continue to do so.continued on p 9Professionalism, Integrity, Service Excellence, Accountability and Credibility

NPA Events 7TCC launch in the Eastern Cape is aTsepo Ndwalazagreat successTwo Thuthuzela Care Centres (TCCs) were lunched at the Dora Nginza Hospital in Port Elizabethand St Patrick’s Hospital in Bizana on 27 November and 8 December 2009 respectively.new Deputy Mayor, Ms Nancy Sihlwayi,who encouraged the community to makeuse of these facilities, as they belong tothem. She was also very vocal, tellingmen to help protect women from theircommunities.Members of the community at the Dora Nginza Hospital in Port Elizabeth.The aim of the opening of both centreswas to inform the communityabout the services of the TCCs, andcommunicate government’s commitmentto service delivery, communitymobilisation and education on sexualviolence, as well as multidisciplinarycollaboration and mutual understanding.The Sexual Offences and CommunityAffairs (SOCA) Unit obtained permissionto roll out these centres from theInterdepartmental Management Team(IDMT), which worked closely with theDanish government, as the latter committeditself to supporting the management ofsexual violence by establishing 12 TCCsover the next two years.At Dora Nginza, members of thecommunity came in large numbers tobe part of this auspicious occasion. Thehead of the SOCA Unit, Advocate ThokoMajokweni, provided some backgroundon TCCs. Advocate Kombisa Mbakaza,the Deputy Director of PublicProsecutions in KwaZulu-Natal, spokeat length, educating the audience onthe Sexual Offences Act. The medicalsuperintendent of the Dora NginzaHospital, Dr Vehbi, gave a messagefrom the Department of Health, while arepresentative of the South Africa PoliceService gave a message of commitment.The Nelson Mandela MetropolitanMunicipality was represented by theThe proceedings were followed by theplanting of the Tree of Hope at theDora Nginza Hospital, which will beused as a symbol of hope for victims ofsexual violence, to let them know thereis a place where they can find help andcomfort. There was also a question-andanswersession, where a panel of expertsresponded to different questions fromthe audience. It was well organised andhelped people understand more aboutthe TCCs.In Bizana, the launch was gracedby the presence of the First Lady,Ma-Khumalo Zuma, and other highprofilegovernment officials. The FirstLady delivered an encouraging speechwhere she urged the community to worktogether to overcome social problemslike sexual violence. It was a beautifulsight when advocates and TCC staffmembers participated in discussionswith members of the communities aboutthe role of the centres and engaged themon issues relating to abuse and sexualviolence.Training on the Child Justice ActNomilo MpondoThe SOCA Unit is at it again! After the Child Justice Task Teamcompleted developing the training manual and draft policy directiveson the Child Justice Act, they embarked on a process of trainingprosecutors in the country. The training has already been piloted inKwaZulu-Natal, the Eastern Cape (East London), Gauteng (Pretoria)and the Free State. The training is set to continue to other provinces.By 17 March 2010, the first phase of training to cover all the regionswill have taken place. There is a great anticipation that come1 April 2010, the long-awaited Child Justice Act will be in operation.The team will soon be in your area, be on the lookout.Professionalism, Integrity, Service Excellence, Accountability and Credibility

8NPA FocusHuman Resource Development– at the forefront of people developmentRobert MampanaPerhaps you have been wondering what the Human Resource Development (HRD) section is allabout. Well, as the name suggests, its core focus is on people development – to ensure that peopleare continually equipped with the right skills and knowledge to do their jobs.that your unit has not been left out. Inaddition to this, HRD is also responsiblefor developing and submitting WorkplaceSkills Plans and Annual Training Reportsto SASSETA in terms of the SkillsDevelopment Act.The Human Resource Development Team.HRD is a small section within theHuman Resource Management andDevelopment Unit. Its core function is tooversee the development of people whilethey are still in the employ of the NPA.Overseeing the PerformanceManagement SystemWe encourage people to be in charge oftheir performance management and urgemanagers to take the lead in this regard.Performance agreements must be finalisedand submitted at the beginning of eachfinancial year. For the 2010/11 financialyear, all performance agreements shouldhave been submitted to HRD by 14 May.Performance assessments must also befinalised soon after year-end. Pleasenote that the first National ModeratingCommittee meeting will be held on12 May. The second meeting will take placeon 26 May and the last one will be held on3 June. Managers must please ensure thatall assessments are submitted on time toavoid disappointment and embarrassment.Overseeing the internshipprogrammeThe internship programme is funded bythe Safety and Security Sector Educationand Training Authority (SASSETA), andis aimed at giving graduates from a varietyof academic backgrounds an opportunityto gain relevant work experience. TheNPA currently has 30 interns in the systemand plans to recruit a similar figure in thenew year, depending on the funding.Granting bursaries to staff to improvetheir educational qualificationsHRD encourages people to take care of theirown development, and the NPA has madebursaries available to improve employees’educational qualifications and skills intheir career-related fields. For 2010, 228employees were awarded bursaries. Theapplication process for 2011 bursaries willcommence in July 2010. Please take noteof this if you are interested in applying fora bursary for 2011.Overseeing the training anddevelopment of staffHRD has commenced with a process toidentify the skills gap in the organisation.This initiative is aimed at enhancing theinventory of skills in the NPA and to giveinput into an HRD strategy that is currentlyunderway. If your unit has not received aquestionnaire to this effect, you may bemissing out! Please contact HRD to ensureInduction of new employeesBeing a new employee in any organisationis always a challenge: a challenge inthe sense that you still to need to knowmore about the organisation, its people,processes, policies, procedures andculture. Most often it is the failure toproperly induct new people into anorganisation that causes high turnoverand low employee morale.That is why the NPA runs a welldesignedand properly packaged inductionprogramme for new incumbents. Theprogramme has two components: theMassified Induction Programme (MIP)and the In-house Induction Programme.The MIP focuses on all aspects ofthe public service, while the In-houseInduction Programme focuses on the NPA.It is mandatory for all members appointedsince 1 April 2008 to attend the MIP.Details of when these induction sessionswill be conducted will be communicatedwith the relevant business units.If you feel HRD can add more value inyour area of work, or you need assistanceon any HRD-related matter, please do nothesitate to contact Ms Lulekwa Ngcwabe,the Senior Manager responsible for HRD,or any of the following team members:Mr Robert Mampana: HR ManagerMr Donovan Marks: HR ManagerMs Belinda Watters: HR ManagerMr Mayson Macheke: Deputy ManagerMs Tlou Mohlaba: HR PractitionerMs Dikeledi Moganyaka: HR PractitionerMr Bryan Moyo: HR PractitionerProfessionalism, Integrity, Service Excellence, Accountability and Credibility

NPA Focus9A conversation with Lulekwa Ngcwabe:Senior Manager: Human Resource DevelopmentLulekwa Ngcwabe, SeniorManager: HRDYou joined the NPA in 2001and left in 2004 for the EasternCape. Was there a reason whyyou left the NPA?It was just a personal decisionto leave at that point in time.What did you do beforejoining the NPA?I worked for the Eastern CapeProvincial Government and theEastern Cape Parks Board.You rejoined the NPA in 2008. How does it compare nowwith the first time you joined?Different. When I first joined, the NPA was still at a crawlingstage. It was still being established. Now the focus is quitedifferent. In 2001, the focus was on establishing it. Nowsystems are in place and the challenges are different.What kind of a manager are you?I am not a very formal person. I believe that my team must becomfortable with me. People are not robots. I balance betweenstrict and casual. I also believe in a strongly built capacity.Briefly, what are your daily duties?Attending meetings; interacting with SASSETA, my team,other senior managers and training forums.Are you responsible for the Internship Programme? Whendid it start at the NPA and why?Yes, the internship programme has always been there. Sinceit was implemented differently from time to time, it died atsome point. After I did a thorough needs analysis, I felt itwas important that it should be continued. The one that iscurrently running is funded by SASSETA.Do you think interns are benefiting from this programme?Of course they are. We have experienced an overwhelmingsuccess. Some of the interns find permanent employmentwhen they leave the NPA. Even though the programme isstill not where we want it to be, we are happy with wherewe are.We recently attended the induction of interns. Is there areason why this group is inducted, as the previous groupwas not?When the previous group was employed, we were still atthe stage of developing the programme. Last year, we hadcapacity constraints and I was still new. Next year, it will bea lot better.Are there any hopes of interns being permanently employedby the NPA?We are currently running a financial programme. Goingforward, we will be funding it ourselves until we reach aparticular standard that we are aiming for.Do you have statistics of the previous interns who hadopportunities of being employed permanently by otherorganisations?Yes, we do. A copy can be made available on request.What are the future hopes for the NPA?The NPA should continue to do whatever good that it is currentlydoing. Let us all give it time to evolve and be recognised.continued from p 6In her address, Advocate ThokoMajokweni, Head of the SOCA Unit,congratulated her team on having pulledtogether and withstanding tough times.She was confident that SOCA was goingto reach new heights in the new decade.Advocate Majokweni was proud thatSouth Africa’s TCC model has beendeclared the world’s best practice by theUnited Nations. As a result, the model hadalready been implemented in Chile andcountries such as the USA. Assistance isbeing provided by Denmark and it is beingrolled out in Mozambique, Zimbabwe,Namibia, Lesotho, Botswana, Kenya,Zambia, Malawi, Angola and Benin.Advocate Majokweni urged everyoneto make 16 Days of Activism an allyear-roundactivity. She said thiscampaign not only highlights thework that the NPA is doing, but hasto be carried on throughout the year.She said it was the duty of the NPAto make people less vulnerable tohuman trafficking. “We need to track,disturb and punish all offenders,” shesaid. “Our biggest challenge for 2010is the forthcoming FIFA Soccer WorldCup, which poses a threat to womenand children being pimped andtrafficked. A strategy to counter humantrafficking in relation to internationalevents is being devised to deal withthe potential problem.”Advocate Vic van Vuuren, theRegional Representative of theInternational Labour Organisation(ILO), congratulated the Unit on itsachievements and pledged to continuesupporting the NPA in the Tsireledzanicounter-trafficking public awarenessand prevention programme.Ms Nolwandle Qaba of the NPAand Ms Astrid Coyne-Jensen of theILO launched the public awarenessbaseline study, which assessedknowledge about human traffickingamong the South African public. Itwould be used to assess the impactof the Tsireledzani public awarenessprogramme once finalised.Professionalism, Integrity, Service Excellence, Accountability and Credibility

10NPA EventsWestern CapeNomilo Mpondofocuses on HIV/AidsIt has become a tradition in the country and elsewhere to celebrate World Aids Day on 1 Decembereach year. The objective of these celebrations is to reflect, evaluate and look at the mistakesand achievements made in the fight against the scourge of HIV. The venue for the WesternCape celebrations was carefully chosen and Zevenwacht Wine Estate was indeed a place worthcelebrating life. All the speakers and their speeches equalled the ambience of the venue.All guests were warmly welcomed by Advocate De Kock.Mrs Modise, Executive Manager of the Human ResourceManagement and Development Unit, on behalf of the NPA’s ActingCEO, gave a speech about the NPA’s commitment to employmentequity. “Let us be conscious and mindful that HIV isalso a disability,” she quipped. She revealed that theNPA was not even near the 2% mark when it came tohiring people with disabilities. She made a plea to heraudience to take advantage of programmes in the NPAprovided by the Employee Wellness Unit. She saideveryone should take responsibility and continue todestigmatise HIV and Aids. In closing, she echoed the2009 World Aids Day theme, and said:• I am responsible• We are responsible• Government is taking responsibilityAdv Mpshe undergoing voluntary counselling and testing.The former Deputy National Director of NationalProsecutions, Advocate Mpshe, also took to thepodium. He praised the government for announcing anew strategy to fight HIV/Aids. He viewed the NPAas an integral part of the HIV/Aids situation in thecountry, and said the NPA relied on healthy and wellbalancedstaff members, but HIV/Aids was alreadyrobbing the NPA of its scarce skilled workforce. Healluded to the fact that in the NPA there are alreadyprosecutors who are unable to wake up in time for theircourt appearances, because they are affected by HIV/Aids. He requested everyone to be sensitive and treatthe affected ones with care.Pastor George Booysen, a community leader, gavea message of hope when he said: “We are a resilientnation. We have overcome other things in the past.We will overcome HIV/Aids too.” As part of its socialresponsibility, the NPA in the Western Cape was seen tobe reaching out to the needy and vulnerable groups. MsAnne Jacobs of Cotlands in the Western Cape expressedher gratitude for the aid the NPA had given them.The Cape Town staff visiting Cotlands.The Take Away Theatre kept the audience in stitcheswhen they performed their Aids awareness play.Between the speeches and entertainment, people wereallowed to undergo voluntary counselling and testing(VCT). It was good to see top management also goingfor VCT. The Ambush theatre took the occasion throughto lunch and the attendees could network afterwards.Professionalism, Integrity, Service Excellence, Accountability and Credibility

NPA PerformanceThe Statevs Morné HarmseGerrit Roberts SCThis case has received huge media attention due tothe bizarre facts of the matter. It has been referred to inthe electronic and printed media as the ‘Sword Killer’,‘Ninja Boy’ and the ‘Slip Knot Murder’.The incident occurred on 18 August 2008 at the Nic DiederichsTechnical School in Krugersdorp. The accused, an 18-year oldgrade 12 learner at the school, had planned his attack carefully. Herequested a fellow learner to manufacture a bomb for him. Thisamateur, home-made device had been given to him on the morningof the 18 th , but it had failed to detonate.On the day in question, he took three swords, three home-mademasks similar to those used by the heavy-metal band Slip Knot,elbow and knee guards and black paint to school. At school, heused the black paint to make his face black. He put on the mask likethe one the leader of Slip Knot wore and put on the elbow and kneeguards and the three swords.As the bell rang for school to commence and the children started tomove to the hall, the accused launched a brutal and vicious attackon the deceased, a grade 10 learner at the school. After hitting himbehind the neck with one of the swords, he attacked another learnerby hitting him behind his head and attacking two of the school’slabourers. Notwithstanding first aid efforts by some teachers andlearners, the deceased was killed on the scene by this vicious andbrutal attack. The other complainants were all taken to hospital fortreatment. An operation was performed on the other learner whowas seriously injured.The accused was referred to the Sterkfontein Psychiatric Hospitalfor 30 days of observation. This period was later extended to 60days. The unanimous decision by all the psychiatrists was that theaccused did not suffer from mental illness and that he was able tofollow court proceedings and assist in his own defence.The accused was convicted by AJ Hattingh on a count of murderand three counts of attempted murder in the South Gauteng HighCourt in Johannesburg. The defence wanted to obtain the servicesof Dr Irma Labuschagne. Unfortunately, she passed away, so theyinstructed a probation officer to compile a report for the court.Comments on the case11The matter ofthe State versusMorné Harmse is aclear example of thedangers associatedwith sensationalisingthe facts of a case.The influence of themedia is one of thebiggest obstacleswhile prosecuting ahigh-profile matter.According to theLeader of the prosecuting team, prosecuting team,Gerrit Roberts SC.Gerrit Roberts SCand Adele de Klerkof the Director ofPublic Prosecution’s Office in Johannesburg, this was oneof the major challenges that had to be managed duringthe trial of the so-called Sword Killer.Since the crime was committed in August 2008, the mediahad a field day with the case. What is quite interesting isthat everybody – from the state witnesses on the one sideto the accused and his family on the other – perceived themedia as being sensational and not publishing the truth inthe matter.Due to the sensational nature of the case, the public atlarge was bombarded with sensational stories, manyof which were not in issue between the state and thedefence.The best way to illustrate this is by way of example.Headlines like ‘Sword Killer was often belittled’ and‘Ons seun is geboelie’ created the impression that theaccused was a victim at the school. This was, however,not true and the defence never advanced this as a reasonfor the attack by the accused.Headlines like ‘Satanic ghost visions’ and ‘Ninja says spirittold him to become a satanist’ created the impression thatthe accused was possessed. Once again, this was not a truereflection. The prosecuting team initially prepared the caseon the basis that the defence might come with a plea oftemporary non-pathological incapacity.Evidence by the well-known expert on the occult and satanism,Dr Kobus Jonker, was placed before court. Dr Jonker testified thatthe accused was only experimenting with certain features of thedarker side of life, such as the occult, and that this had no effect onhis well-planned actions.After evidence in mitigation and aggravation of sentence washeard, the court sentenced the accused to an effective period of 20years imprisonment.This was fortified by references in the media to the darkerside of life with words such as ‘occult’ and ‘Satanism’,which created the impression that the accused was deeplyinvolved in Satanism. This was not the case and it becamenecessary to disprove it. Due to the huge media coverage,the court also required an expert witness on satanism andthe occult to give evidence. This involved an unnecessarywaste of time and money.Professionalism, Integrity, Service Excellence, Accountability and Credibility

12NPA NewsGirls are the winnerswith the NPASibongile MogaleA number of school learners were invited to the Anti-Corruption Day, which was held at the NPAVGM auditorium last year. During that celebration, the then Acting NDPP, Adv Mokotedi Mpshe, rana competition for the learners around the NPA values and offered a trip to Cape Town for two girlswho would answer the questions correctly.Jennifer du Plooy (in blue) from Christian Brothers College and Mamello Seleka from Pretoria Girls High School in Cape Town.The girls were asked to name the NPA values and to choosetwo values that they identified with.Adv Mpshe kept his promise. Two girls who answeredthe questions correctly and explained which two valuesthey identified with were flown by the NPA to Cape Townin January 2010. The two girls are Jennifer du Plooy fromChristian Brothers College and Mamello Seleka from PretoriaGirls High School.Commenting on their experience, this is what the two girlshad to say:Jennifer du Plooy: “Thank you very much from the bottom ofmy heart for what you are doing for the youth of South Africa.The trip was nice and I am truly touched by your caring.”Mamello Seleka: “The NPA is doing a great job, especiallyby involving the youth. It was an honour for me to have beeninvited. I have always wanted to become a singer when I finishschool, but now that has all changed. I have decided to ratherbecome a prosecutor and help all the people in the streets, justlike the NPA is doing.”Professionalism, Integrity, Service Excellence, Accountability and Credibility

NPA Events13Taking service delivery to the communitiesNatasha RamkissonOn 28 November 2009, the NPA, along with various government departments and NGOs, gatheredin Dududu on the KwaZulu-Natal south coast to launch a national service delivery roadshow.The theme of the roadshow was: Taking service deliveryto the communities. The South African Police Service(SAPS), the Department of Justice and ConstitutionalDevelopment (DoJ&CD), the Department of Home Affairs andLegal Aid South Africa attended the event. The purpose of theroadshow was to provide remote, impoverished communitieswith access to government services. It was also a platform toeducate members of the public about the various departmentsand their functions.Participants in the roadshow set up their exhibitions.The speaker for the Vulamehlo Municipality, CouncillorT Dube, urged the community to take advantage of the day andutilise the services available and gather information. The eventwas lauded a success, as approximately 2 000 people residingin either the local or district municipality were present andaccessed or benefited from the services provided.NPA taking OHS seriouslySibongile MogaleOccupational health and safety (OHS) issues are top agenda items for most companies, includingthose that are in the public service. The laws of the country require all companies to comply withall the applicable OHS regulations in the workplace, and the NPA is no exception.During the ceremony, Mr SimonHlatshwayo, Vetting Manager in theSecurity and Risk Management Unit,urged NPA staff to take OHS veryseriously, not just at the NPA premises butalso at home.Staff receiving their OHS certificates.That is why a number of people at theNPA have been trained to be competenton OHS matters. On 10 December 2009,the first group of people based at the VGMbuilding graduated from an OHS trainingprogramme that covered the followingcourses: Fire Extinguishing, First AidTraining (Basic and Advanced), as well asSafety, Health and Environment.Mr Tshilidzi Ramahana, the chairpersonof the OHS Committee and the Head ofSecurity and Risk Management, alsoemphasised the importance of safety in theworkplace. He said safety had to be takenseriously because failure to do so canhave very serious negative consequences,including being dragged to the courts byvictims of safety incidents. However, hewas happy that the NPA has made progressin making OHS part of our organisationalculture. The graduation of these OHS repswas therefore a step in the right direction.He said this programme has also beenrolled out to the regional offices.Professionalism, Integrity, Service Excellence, Accountability and Credibility

14 NPA PerformanceThe state versus Ananias MatheProsecutor David MothibeThe magic for the notoriously dubbed Houdini of C-Max ran out on 4 December 2009 when theSouthern Gauteng High Court sentenced Ananias Mathe to 464 years. The judge made some of thesentences run concurrently and the effective sentence is 54 years’ direct imprisonment.For the prosecution team, led by senior stateadvocate David Mothibe and state advocateShubnum Singh, it signalled a bitter-sweet victoryafter months of preparation and hard work.Mathe’s crime spanned seven years and coveredthree provinces (Gauteng, North West and Limpopo).He was convicted of 64 criminal counts, includingmultiple counts of housebreaking with intent torape, as well as rape, attempted rape, housebreakingwith intent to steal, theft, attempted murder, robberywith aggravating circumstances, escaping from lawfulcustody, and other violent crimes.The state faced the monumental task of calling over100 witnesses. Four of the rape victims, who hadalready left the country, had to be flown in, in orderto testify. The state called over 20 forensic experts toprove the case against the accused.As witness after witness testified, the media frenzybegan. The court heard evidence on how Mathe poisoneddogs with Aldicarb or Two Step, which wasplaced in bully beef or sausages. In order to gainaccess to the houses, he would remove louvre glassand hinges from doors, use broom handles to ‘fish’keys out of witnesses’ homes, or unscrew and dissemblecomplicated door handles. He would thenterrorise the occupants before fleeing with nothingmore than minimal amounts of cash or cellularphones. In a large number of cases, where vehicleswere stolen, luxury vehicles were targeted.Mathe’s victims also included a brave mother, who inthe presence of her young son, was shot three timesin the chest as she pushed him out of her house. Anothervictim was shot as he lay in bed next to hiswife. Other victims included Ekurhuleni Metro policeofficials and even an employee of Netstar.Senior State Advocate David MothibeComments on the case• All the rape victims and witnesses attended victim preparation,as some of the witnesses were too afraid to testify.• The accused and counsel placed everything in dispute, whichmeant that the state had to call every available witness. Furtherchallenges encountered were that some of the chain witnesseshad passed away and serial numbers of crime kits had beenrecorded incorrectly on statements and registered.• Over 20 fingerprint expert witnesses from eight different localcriminal record centres testified in the matter. Even though thetrial was expected to continue over six months, it was concludedin just over four months. It was a difficult task to plan and callfor witnesses each day. Many were impatient. Dates and timesfor witnesses who had already left the country had to be arrangedmonths in advance. Many were reluctant to testify. Many wereinconsolable before and during the trial. Some were problematicand disrespectful towards the prosecution team.• One of the most challenging pieces of evidence led was relatedto a shoeprint that had been found at one of the crime scenes.The prosecution team called an expert who identified some sevenpoints of similarities between the shoe worn by the accused onthe date he was arrested and the print found on the scene bymembers from the Local Criminal Record Centre. Although theevidence was largely circumstantial, a conviction ensued.• The court, in imposing the sentence, said that it wanted to imposea sentence that was practical for a person to serve, rather thanimpossible.Professionalism, Integrity, Service Excellence, Accountability and Credibility

NPA EventsThe NPA goes matric dancingSibongile Mogale15If you think the NPA is dull and boring, you haven’t seen anything. We also attend matric dances!Ask Adv Patrick Nkuna, who was invited by Mandlethu High School in Mpumalanga to its matricdance as a motivational speaker.Advocate Patrick Nkuna from the Officeof the Directorate of Public Prosecutionsin Pretoria.While he also enjoyed the matricdancing, Advocate Patrick Nkunawas there as an ambassador of the NPA,explaining the role of the Authority andhow the criminal justice system operatesto the learners.Adv Nkuna holds a BJuris and an LLBfrom the University of Limpopo. Heworked as a first black Judge’s clerkfrom 1995 to 1997, and in 1998 he joinedthe NPA and worked for the formerScorpions Unit while studying towardshis LLB. After completing his LLB, hewas admitted as an advocate in the HighCourt of South Africa.In his speech, Adv Nkuna told the learnersthat dedication, determination, disciplineand focus were the main ingredients ofsuccess in everything a person wantedto accomplish, especially for them asmatriculants. “I only passed my matricafter repeating it three times, and I amnot embarrassed to tell you that”. If hedid not have enough determination, hesaid, he would easily have given up. Afterpassing matric, he followed his dream ofbecoming a lawyer and does not regret it.a strong influence in your life,” he toldthem.After his presentation, the learners had anopportunity to ask him questions aboutthe work of prosecutors. Below are someof the questions and his responses:What does a prosecutor do?A prosecutor receives a case and decideswhether the case is valid for prosecutionor not. If it is, he or she will write a chargesheet. Later on, he or she will also write abail opposition.What is the difference between a lawyerand a prosecutor?There is no difference. A lawyer and aprosecutor went to the same universityand studied the same degree. Oncompletion of an LLB degree, a lawyer isrequired to serve articles with a law firmand a prosecutor undergoes the AspirantProsecutor Programme offered by theNPA.The other difference is that a prosecutorstands for the victim and a lawyer standsfor the accused.What is the difference between anattorney and an advocate?Advocates are divided as follows:State advocates are employed by thegovernment through the NPA to appearin criminal cases on behalf of the state,primarily in the high courts.Private advocates are those advocateswho are members of, for example, theGeneral Bar Council and get their legalbriefs from attorneys. Most of thempractise in the high courts, but they canstill appear in the lower courts and are notallowed to look for clients directly exceptthrough the attorney.Attorneys, on the other hand, arelawyers who are members of the lawsocieties of various provinces, who haveserved articles of clerkship as candidateattorneys, passed board exams and havebeen admitted as such. They practisefor their own accounts or they may beemployed in any of their legal capacities.Those that practise for their own accountshave to look for clients directly. Nowadaysattorneys are allowed to appear in highcourts.Nkuna also advised the learners to bemindful of who they associated with.“The people you hang around with haveMatric learners enjoying dinner at the matric dance.Professionalism, Integrity, Service Excellence, Accountability and Credibility

16 Staff NewsWho’s new?New appointmentsShabangu MD, Advanced DistrictCourt Pros, CPP PretoriaMpanza P, Senior Messenger, DPPGrahamstownMabaso SK, Maintenance Prosecutor,CPP NylstroomMpemvane LB, Advanced DistrictCourt Pros, CPP WelkomReddy K, Junior State Advocate, AFUJohannesburgMdhluli CF, Junior State Advocate,AFU Far NorthDludlu ZT, Principal Admin Ass: Gen,DPP PietermaritzburgMgilane NG, Assistant Librarian, DPPKimberleyTyali LA, Regional CommunicationsManager, DPP UmthathaZuma VK, Principal Admin Ass: Gen,DPP PietermaritzburgPiennar Z, Junior State Advocate, DPPJohannesburgMaphike MJ, Senior Admin Assistant,DPP PTAAmod S, Junior State Advocate AFULambden NL Relief Prosecutor, CPPEast RandRapfumbedzani MM, AdvancedDistrict Court Pros, CPP Vaal TriangleMalapane L, Senior Project ManagerProgram Mana OffCombrinck M, Advanced DistrictCourt Pros, CPP MiddelburgSayed N, Junior State Advocate, AFUCape TownLabuschagne C, RegionalCommunications ManagerMalema LC, Senior Admin Assistant,CPP JHBRakgotho BA, Chief Admin AssistantHRM&DTransfers and promotionsTheys (Wessels), CL, District CourtProsecutor, CPP OdiThabe MV, Chief Admin Ass: HRHRM&D (Head Office)De Vries E, Senior Admin Assistant,CPP Cape TownKobi TP, Translator, CPP UpingtonMore KP, Senior Admin Assis: Gen,CPP East RandRelocationHeunis L, Junior State Advocate,SOCAPromotions and relocationsAbdol CO, Regional Court Prosecutor,CPP WelkomMhlanga CZ, Advanced District CourtPros, CPP Vaal TriangleSinclair I, Advanced Deputy Manager:LR AFU Durban, Labour RelationsBaliwe M, Junior State Advocate, DPPCape TownNkuna PT, Junior State Advocate, DPPPretoriaJacobs MY, Junior State Advocate CT:Tax UnitMhaga MC, Senior Manager: MediaRelations CommunicationsMazibuko VNB, Head ControlProsecutor, CPP BethlehemMthembu B, Junior State Advocate,DPP JohannesburgMashaba LR, Regional CourtProsecutor, CPP BloemfonteinMagopeni NG, SSA SCCUTlhapi AS, Reg Court ControlProsecutor, CPP JHBMatjokana MD, Junior State Advocate,DPP PTALamola MJ, Snr Prosecutor, CPPKimberleySeabela MR, Advanced District CourtPros, CPP NylstroomPromotions and movementMothilall BL, Junior State AdvocateSegalo PF, Advanced District CourtPros, CPP WelkomMartin DH, Advanced District CourtPros, CPP West RandFourie A, Advanced District CourtPros, CPP West RandBavuma BT, Advanced District CourtPros, CPP West RandMakhubela J, Advanced District CourtPros, CPP West RandMhlebi TT, Regional Court Prosecutor,CPP WynbergAjoodha D, Advanced District CourtPros, CPP West RandDe Water RA, Advanced District CourtPros, CPP PTACentane B, Advanced District CourtPros, CPP Vaal TriangleMelane M, Maintenance Prosecutor,CPP Mitchell’s PlainManena L, Advanced District CourtPros, CPP PTASemenya L, Advanced District CourtPros, CPP PTAMphela NS, Advanced District CourtPros, CPP PTASekhonyana T, Advanced DistrictCourt Pros, CPP BethlehemTurner CJ, Regional Court Prosecutor,CPP WynbergProfessionalism, Integrity, Service Excellence, Accountability and Credibility