Khasho August September 2010 - National Prosecuting Authority

Professionalism, Integrity, Service Excellence, Accountability and Credibility

2 EditorialLetterfrom the EditorIn South Africa the month ofAugust is recognised as women’smonth. To keep up with this SouthAfrican tradition of celebratingwomen in August, this issue ofKhasho shares with you articlesthat are linked to the theme ofcelebrating and recognisingwomen’s day in our country. Wehave also profiled cases that werehandled by female prosecutors andalso cases where the law favouredfemale victims of crime. It is alsoin our interest to inform you abouthow the NPA is doing in thewomen empowerment front.Take a sneak view of the interview thatKhasho had with the NPA’s ExecutiveManager of HRM&D whoseresponsibility, amongst others, is to ensurethat NPA women employees have equalopportunities in the workplace.The NPA presented its first quarterperformance report before the JusticePortfolio Committee last month. Thepresentation is available on both theintranet and NPA website for yourinterest. The NDPP interacted with themedia, the public and specifically withkey stakeholders to articulate on thereport. He presented at a public lecturehosted by the National Library of SA andat the Institute for Security Studies (ISS)and the vibrant discussions that ensuedafter the presentation are an indicationthat the public is committed tocontributing to dialogues that seek tostrengthen the efficiency and effectivenessof the NPA and the entire criminal justicesystem. This issue of Khasho reports onkey points of the NDPP’s presentation.In the month of June, the Minister ofJustice and Constitutional Development,Mr Jeff Radebe and Mr Willie Hofmeyr,Deputy NDPP and head of AssetForfeiture Unit (AFU) participated in aGlobal Forum on Stolen Asset Recovery.At this meeting which was hosted bythe World Bank and the UNODC inParis, the Minister noted the efforts ofthe Asset Recovery Inter-AgencyNetwork of Southern Africa(ARINSA) within the SouthernAfrican region and supported theneed to increase the capacity ofprosecutors and investigators topursue the ‘proceeds of crime’. On 26July, the Minister officially openedARINSA’s first annual generalmeeting in Pretoria, and Mr WillieHofmeyr shared South Africa’svaluable experiences and insightsfrom the past 10 years of the AFU’sexistence. Participation in suchprestigious events is indeed a signthat the NPA and the South Africanjustice system are making asignificant impact in the globaljustice landscape. The NPA onceagain participated in the T Show,previously known as the ‘PretoriaShow’ from 27 August to 5September 2010. Our exhibition standwas awarded a silver medal forprofessional display and the relevanceof the information material madeavailable at the stand.Bulelwa MakekeExecutive Manager: CommunicationsCover Photograph: NPA display at the T- ShowContents2 Editorial3 Message from the NDPP4 NPA Gender Equality5 Long Live Lungi6 Adv Simelane Talks7 Chauvinist Gets Life8 Two Life Sentences - PMB9 NPA Making History10 No More Safe Havens12 Granny Killer Sentenced17 Operational Recruitment Drive18 Turning Victims to SurvivorsProfessionalism, Integrity, Service Excellence, Accountability and Credibility

NDPP Message 3Message from theNational Director of Public ProsecutionsLet me welcome you to yet another edition of Khasho, one of the tools we use to keep you updated aboutdevelopments within the organisation.The month of August was another exciting month. OnWednesday, 11 August 2010, we had the opportunity to sharewith the Justice Portfolio Committee the NPA’s performanceoverview for the first quarter of the financial year, where wehighlighted our achievements as well as the challenges we areencountering. I must say that our presentation was generallywell accepted, and we had a very fruitful engagement.The above is a positive indicationthat the work of the NPA is takenvery seriously by all ourstakeholders. We must thereforenever undermine the role that weplay in society. Every step that wetake is closely monitored andthoroughly scrutinised, theachievements that we realise arecelebrated by a host of people, andour shortcomings become a matterof concern to many. This is sobecause justice and security play acrucial role in the stability anddevelopment of any country. Ourrole as the NPA, together withother members of the JCPS cluster,is very key to deepening thatdevelopmental role.We take sessions like the one wehad with the Justice Portfolio Committee very seriously,because it is an opportunity to account to the publicrepresentatives and communicate with our broaderstakeholders about the work of the NPA. We must take thisaccountability very seriously and make use of everyopportunity to educate society about their rights in theconstitution. We must therefore never allow any negativeinfluences, whether internal or external, to derail us fromfocusing on the duty at hand.Advocate Menzi SimelaneNational Director of Public ProsecutionsGovernment has committed itself to defeating the scourge ofcorruption and those who participate in corrupt activities willbe dealt with by all the law enforcement agencies. As theNPA, we are expected to continue to play an important part inthis area.The NPA, like any other institution, is not without its ownchallenges. One of our key challengescurrently is building capacity andfilling of key vacancies. Withoutsufficient and properly skilled humanresources, there is very little that wecan achieve. In the months ahead wewill attempt to accelerate the filling ofkey vacancies that we have identified.This will assist us a lot in addressingthe issue of case backlogs at bothregional and district court level, as wellas improved finalisation of cases ingeneral.Finally, let me take this opportunity towelcome on board all new employeeswho have recently been appointed. I amsure your stay at the NPA will befruitful and enjoyable. I sincerelybelieve that you have made the rightchoice by joining this institution. TheNPA is a public institution to bereckoned with, held in high esteem for our knowledge andskills as well as the difference we have made so far in the livesof many South Africans.Whilst the NPA will provide you with continuous guidanceand support to enable you to do your job properly, you are alsoencouraged to take initiative and be in control of your destiny.Great organisations are made by great people, and youwouldn’t be here if we didn’t detect that greatness in you.The JCPS Delivery Agreement is expected to be finalisedsoon. The focus therein on eliminating corruption places aresponsibility on everyone to fully play their part.To all the NPA staff, have a wonderful and energetic springseason!Professionalism, Integrity, Service Excellence, Accountability and Credibility

4 NPA StaffNPA - reflecting on gender equalityNomilo MpondoIt is the agenda of the government to ensure that women have equal opportunities in the workplace and in oursociety. Consistent with this agenda, President Jacob Zuma established a ministry focussing on women, youth,children and people with disability to prove that the emphasis on gender imbalance is still necessary. The SouthAfrican Parliament also stands as a good example that amplifies the seriousness of the Government in genderequality. To date, 43.75% in the National Assembly are women.In keeping with the national agenda of gender equality in the workplace, both private and public sectors shouldensure equal opportunities for women. Khasho spoke to the custodian of gender equality in the NPA,Ms Matshidiso Modise: Executive Manager, HRM&D and this is what she had to say:1. Leadership positions are traditionally/historicallyreserved for men. How does it feel for you being a womanheading such a strategic function for a relatively largeorganisation like the NPA?Ms M ModiseExec Manager HRM&DThe NPA is no different from anyother organisation in this country.The stereotypes around the role ofwomen have not been completelybroken down and women like mein the NPA still have to provetheir capability much more thanmen have to. However, havingsaid that, I am fortunate in that inmy particular environment, I amnot judged as a woman but as apractitioner and a professional.2. What is the NPA’s agendatowards women empowerment /access to equal opportunities?A: The NPA follows the government agenda as prescribed byCabinet. Key to that agenda is that women representation mustbe 50% in executive and senior management. In 2009HRM&D hosted an Employment Equity (EE) Indaba toreview how the NPA is doing in reaching the EE targets. Oneof the main outcomes of the indaba was a decision that wasendorsed by Exco that until targets are met, appointment inmanagement positions will be geared towards increasingwomen representation in senior management.3. Women in general face many social challenges thatthey inevitably carry to work. Does the NPA have anyspecific interventions to empower them?Through our EWP programme we are able to offer supportand assistance to women to deal with women specific issues.However, the NPA like other organizations is affected by theeconomic pressure which has led to budget cuts. This hasimposed limitations on the programmes on offer, but weremain hopeful that the situation will turn around soon and wewill resume our full programmes.4. On a scale of 1 to 10 how would you rate the NPA interms of advancing the women agenda in the workplace?In my view there is still more that needs to be done. The 2010statistics indicate that the government as a whole has onlymanaged 35.3% women representation and unfortunately theNPA contributes significantly to this low figure.5. What challenges do you personally face as EM:HRM&D?Inheriting a unit that is not firing on all cylinders and thechallenge of turning it around in an environment that is sohighly prescriptive is not easy. But I still fully believe nothingis impossible and we will turn things around. The biggesthurdle to overcome is changing people’s attitude towards theirwork and we are working on it.6. The fact that you have a tiny body structure, does thatin anyway prejudice you in this male dominatedenvironment?It helps that I have a very loud voice therefore I cannot beignored because if you cannot see me, then you will hear me.7. What message do you have for our ladies in the NPAin general?In a lot of areas where we are doing well; check who is at thehelm and you will find a woman. I need not make examplesbut, Ms Makeke, Adv Majokweni and others.Professionalism, Integrity, Service Excellence, Accountability and Credibility

NPA Performance 5From all the women of South Africa: Long live Lungi!Malherbe MaraisThe Director of Public Prosecutions in Grahamstown, AdvLungi Mahlati SC, was not happy with a sentence of 5years imprisonment imposed upon a husband who killedhis wife. To add insult to injury, the sentence was subjectto section 276(1)(i) of the Code, with the result that theaccused would only have gone to prison for 10 months,serving the rest of his sentence at home under so-calledhouse-arrest.The sentence was imposed by a Judge in the High Court ofGrahamstown. The Judge gave such a light sentence since theaccused suspected his wife of infidelity. A couple of daysafter seeing her in, what he considered compromisingcircumstances, the accused and the deceased were walkingtogether. All of a sudden the accused, who apparently wasseething with anger, threw a stone at her head, causing her tofall to the ground. He then strangled her with a lace from hisshoe until she stopped breathing. He tied her to a tree and leftthe scene. He later wrote a note and left it with her to createthe impression that she had committed suicide.Adv Mahlati lodged a state appeal to the Supreme Court ofAppeal and asked that the sentence be increased.He succeeded and an effective prison sentence of 10 monthsimprisonment was increased to 10 years imprisonment (thecase has just been reported in the South African Criminal LawReports as Director of Public Prosecutions v Mngoma 2010.That was not the end of the matter: in its judgment, a FullBench of the Supreme Court of Appeal (5 Judges) added awarning to husbands who assault and kill their wives:“I agree with the State’s contention that the sentence imposedon the accused is shocking and startlingly disproportionate tothe gravity of the crime that he committed. The sentenceimposed is in my view inappropriate and distorted in favour ofthe accused without giving sufficient weight to the gravity ofthe offence and the interests of society. For a sentence to beappropriate, it must be fair to both the accused and society.A failure by our court to impose appropriate sentences, inparticular for violent crimes by men against women, will leadto society losing its confidence in the criminal justice system.This is so because domestic violence has become pervasiveand endemic”.Being a female prosecutorMona MoeraneAdv ED Mnguni, from the North Gauteng DPP office began her career with the NPA in 1999 at theMdutjana Main District in Mpumalanga, when it was still called Kwa-Ndebele. She suffered a lot ofresistance from her male counter-parts. At times her team members, especially those that came from theSouth African Police Service (SAPS) questioned whether the father of her own kids maintained themas she was very strong on women and children cases, especially maintenance.Advocate ED MnguniIt was not easy to win the confidence of male chauvinists in the workplace initially but through herdiligence, resilience and how she presented herself contributed to the respect she later received in her profession.She confessed to Khasho that above her knowledge and experience as a prosecutor her faith in God has always been her drivingforce in the prosecution profession. She said the infiltration of fellow female counterparts in the legal fraternity also encouragedher. One of her hopes for the NPA was to see more women in management positions. “The NPA is growing and improvingeveryday and that to me is a potential for big and great things for women in general in the organization”.Highlights of her career are endless – this is evident in some of the compliments she receives after delivering justice to victims ofcrime who feel that she is not just doing her job but does it from the bottom of her heart.Professionalism, Integrity, Service Excellence, Accountability and Credibility

6 NPA NewsAdv Simelane talks…Nomilo MpondoOn 24 August 2010, the National Director of Public Prosecutions, Adv Menzi Simelane took part as a guestspeaker in a public lecture that was organised by the National Library of South Africa. The public lectureprovided a platform to educate the public about transformation within the NPA and its role in society.The topic of the day was “Transformation of the judiciary inSouth Africa from 1994 to 2010”.Adv Simelane talked on a variety of topics, some of whichincluded the following:• Representivity in lower and higher courts;• Transformation of processes to improve and fasttrack service delivery;• Transformation of legal institutions such as theSAPS, ICD, PSC, NPA and others;• Sensitive traditional customs.On the issue of representivity in courts, Adv Simelane said alot of work in gender representivity has been done butacknowledged that more must still be done.Coming closer home, he said the NPA needed to make acontinuous assessment of its work and processes whilstimplementing the law. He said if the NPA failed to assess itswork, such failure would impact negatively on the rights ofcitizens. “Freedom without rights is not freedom”, he said.He reiterated the NPA’s position on plea and sentenceagreements. He said he strongly believed that the courtsshould mostly be utilised for difficult and complex cases. Incases where it was difficult to crack the syndicate for evidencegathering, plea bargains were always a better tool to sourceevidence. He said when courts were busy dealing with casesthat they should not be dealing with, someone was beingdenied justice.His speech also focused on the ‘rights of the child’ asenshrined in the Child Justice Act, which was promulgated on1 April 2010. He said any child in conflict with the law wouldbe dealt with by way of diversion, especially if they were firstoffenders. That would give a child a second chance to be abetter person.Transformation would not be complete without looking at reallife examples. That necessitated Adv Simelane to delve on theongoing challenges that are encountered in prosecuting crimesrelated to traditional customs such as ‘ukuthwalwa’ - meaningarranged marriages and ‘ulwaluko’- the tradition of initiatingboys to manhood.He confined his discussion pertaining to these two subjects toLusikisiki in the Eastern Cape where these practices aremostly prevalent. Adv Simelane said the custom of‘ukuthwalwa’ in its original form never involved minors as ithappened today. He said even traditional leaders rejected theway the custom was being practiced. The problem was evenexacerbated by lack of cooperation from parents and thepolice, which resulted in some cases falling into cracks.He said the same applied to the custom of ‘ulwaluko’, whichwas not applied as it should. He said the role of the NPAwhere an initiate died as a result of improper application of thecustom was to institute a charge of murder or attemptedmurder and assault with the intent to cause grievous bodilyharm.Advocate Menzi SimelaneNational Director of Public Prosecutions“Transformation of the NPA is necessary in the context of allthese examples,” he said.Professionalism, Integrity, Service Excellence, Accountability and Credibility

NPA Performance 7Chauvinist gets life for killing his girlfriend and mother of hisdaughterEric Ntabazalila“You are a coward Mr Mangena. You must learn to acceptthat a woman, even if married to you, remains an independentperson who is and never will be a possession of yours. She isfree to make her own decisions on virtually everything. She isfree to choose who her friends are. She is also free to tell youthat she no longer loves you. Yours is merely to accept herdecisions and respect them.”These were the words of Western Cape High Court JudgeDaniel Dlodlo as he sentenced Sydney Mangena to lifeimprisonment for the murder of his girlfriend, Thobeka Vuso,on the evening of 23 May 2004. Mangena – an ordainedCatholic Priest, former VIP Unit officer and former securityadviser at JCI – shot Vuso after she indicated that she wantednothing to do with him and stopped taking his calls. He shother four times – on the leg, in the heart from the front, in thehead from behind and in the back. He then phoned her mothertelling her to come and fetch the corpse of her daughter.Judge Dlodlo further sentenced Mangena to 12 months forassault on Noluthando Mdludlu – a friend of Vuso whom heaccused of being ‘a party girl’ and a bad influence, 12 monthsfor the assault on Gerald Bushule – his friend and a best manto his aborted wedding to Vuso and 12 months or R4 000 finefor pointing a firearm at Nomalizo Bulisile. All sentences willrun concurrently.Arguing in aggravation of sentence Advocate Billy Downerassisted by Advocate Manyanye Sebelebele showed Mangenato be a chauvinist who wanted to impose his will on Vuso andMdludlu. They pointed out that Mangena bought a semiautomaticpistol to carry out his threat of killing Vuso andMdludlu.Judge Dlodlo concluded: “Why must you force your will onthe deceased who has made it clear that she was done with therelationship that ever existed between the two of you? This isindeed the actions of a man to whom a lady dare not say ‘I nolonger love you’.Love and commitment come from both sides. How on earthdoes a person resort to violent means to secure his love? Thatwould be no love at all, but a classical example of abuse”.Commentary by prosecutor –Adv Billy Downer SCThis was indeed a high profilecase which received a lot ofmedia publicity. It waspostponed several times,almost at the request of thedefence, but the trial finallycommenced in the High Courton 17 May 2010, almost sixyears after the murder.It was indicated to the defence counsel and the presidingjudge that the state would tolerate no furtherpostponements at the request of the defence for anyreason. As part of the state’s efforts to bring the matterto finality as expeditiously as possible, the prosecutionserved a new draft plea agreement on the defence priorto the trial. The issues in dispute became identifiable. Asection 212B notice of Criminal Procedure Act was alsoserved, obliging the defence to respond in detail to theadmissions that the state proposed.Adv Sebelebele himself conducted the case for the stateduring the defence case, which included crossexaminingthe accused and two defence witnesses. Theaccused was finally found guilty of murder, and on 5August 2010 he was sentenced to life imprisonment forthe murder and concurrent sentences of imprisonmentfor the other assaults and firearm charge. This caseillustrates that it is productive to assign seniorprosecutors to attend to log-jammed matters that mightnot otherwise call for senior attention. The benefits indisposing of this case in this manner are obvious,including the successful mentoring exercise.Lessons in the early service and settlement of pleaagreements, using sec 212B notices to force thedefence’s hand, utilizing the pre-trial conferenceprocedure optimally and providing real mentorship inimportant cases are some of the important lessons wehave taken from this case, which we believe can be usedsuccessfully in future cases.Professionalism, Integrity, Service Excellence, Accountability and Credibility

8 NPA PerformanceMan gets 2 life sentences in Pietermaritzburg High CourtNatasha RamkissonWomen and children are considered to be the most vulnerablein society. Amidst all the hype that was made during Women’sMonth, Khasho spoke to a KwaZulu Natal Advocate who hasrecently concluded a matter that only reiterates the fact thatcrimes against these vulnerable groups occur on an enormousscale and at a shocking rate. We chatted to Advocate CandyKander of the DPP Pietermaritzburg Office.1. Please provide somebackground into the case.The 11 year old deceased livednext door to Dennis Zuma (theaccused) in Plessislaer inPietermaritzburg. She went missingand the following day her bodywas found in a veldt approximately150 metres from her home. Shewas naked and had strangulationmarks around her neck. There wasa single accused and he wascharged with murder and rape.2. How long did the investigationtake?The accused was arrested a fewdays after the incident. The DNAreport was only availableapproximately after 4 months andthe trial was completed within aweek.3. How did he plead?The accused pleaded not guilty and raised the defence of analibi.4. What evidence supported the fact that he was guilty?He was last seen talking to the deceased 20 minutes before shedisappeared. The post mortem examination revealed that thedeceased had been raped and manually strangled and the DNAevidence revealed that scrapings from under the deceased’sfingernails and semen from her vagina contained the accused’sDNA.Candy Kander: Senior State Advocate5. What challenges did you face during thistrial?It was common cause that the deceased was raped andkilled. However, the defence raised a technical issuethat it was not proved when the rape had occurred i.e.before death or after death. If thecourt accepted that the accusedraped the deceased after she waskilled then he could not be convictedof rape, but only for the violation ofa corpse. The court eventually madea finding that the deceased wasraped before being killed and he wasconvicted of rape and murder.6. What did you learn from thiscase?It was an extremely sad and drainingcase. I’ve learned that evil is tangible.Not only did the accused rape and killa child, but he had a history of violentcrime. He had previous convictionsfor murder, attempted murder andculpable homicide and was out onparole when he committed this crime.7. Was there anything unique orparticularly different about thiscase?Such cases often go undetected. Thedeceased in this matter literally helped us to apprehendher assailant. Her last moments are unthinkable. It isevident from the DNA evidence that she must haveclawed at the accused as she desperately tried to fight forthe preservation of her life. The DNA evidence wasinvaluable in solving the case and securing a conviction.The Acting Judge, Z Nkosi, reprimanded Zuma sayingthat he had abused the trust that the little girl had inhim in the worst possible manner. "You raped avulnerable child to satisfy your sexual lust. You violentlysnuffed out her life, probably to hide your hideous rapeof her,” said the Acting Judge.Professionalism, Integrity, Service Excellence, Accountability and Credibility

Staff Events 9Women prosecutors fighting against children and women abuseMedupe SimasikuMost people would agree that children and women abuse is nolonger a phenomenon confined only to families, but a broadersocietal problem. Unfortunately most people are not aware ordo not fully understand the extent of this problem, which hascaused so much trauma to many people, mostly children andwomen. The good news is that women prosecutors arenowadays coming up with strategies and tactics to take thebull by the horn no matter how traumatic the experience canbe. One of these unsung heroines is Mrs Lipuo Maria Lekatsa,who is an Advanced Regional Court Prosecutor inBloemfontein. One of the most traumatic cases she has everhandled is the State versus Thabiso Adam Kamohi, where theaccused was convicted of rape and murder of a minor childaged 10 years and was sentenced to two terms of lifeimprisonment.Mrs Lekatsa herself represented the state. According to her,the accused was well known to the deceased, as he was theboyfriend of her aunt. It is reported that the accused called thechild under the pretext of giving her money (R2 coin) whichhe had previously promised her. He (the accused) was the lastperson to be seen with the deceased alive.The deceased was found hidden in the veld covered withshrubs and leaves the next morning. She was raped andmurdered. The gruesome picture was fully unfolded in thepost-mortem report, which detailed every injury. She wasstrangled and her genitals were severely injured. Despite thetricks that the accused presented in his defence, DNA testsproved that he was indeed the perpetrator of that gruesome act.In addition to this case, he was also on parole for rapinganother minor.Mrs Lekatsa wants to thank everybody who was involved toensure successful prosecution: the police, the court as well asthe community. “Without their full support we wouldn’t havehad a successful and winnable case”, she said. She hopes thatthe sentencing will send a strong message to potential rapistsand other abusers that they will face the full might of the law.“Make no mistake, the law is not sleeping when it comes toabuse and domestic violence, everything is being done toensure that transgressors are brought to book to account fortheir actions”, she said.NPA Making HistoryMona MoeraneOn 5 August 2010 the office of the Chief Prosecutor: PretoriaMagistrate office issued internship certificates to 10 lawStudents from the University of Pretoria. Amongst thedignitaries in attendance was the Dean of the Faculty of Lawfrom the university Prof Heins. Senior Public Prosecutor, KasSam-Kistnan presented the keynote address on behalf of theNPA. She said through this programme students were affordeda holistic overview of the Criminal Justice System and itsrelated functions. To encourage the students to inculcatethe habit of personal leadership and self-determination, sheemphasized the need to perpetually feed the spiritual, mental,physical and emotional self.The Chief Prosecutor: Pretoria Cluster, Adv Matric Luphondo, recommitted the NPA to the partnership with the University ofPretoria. He said that through this supervised internship initiative the organisation was able to provide an opportunity foraspiring lawyers to see whether they really wanted to be in prosecution. The programme also afforded the organisation anadvantage to attract young blood into the prosecution service when they completed their studies. The faculty dean also thanked theNPA about the time, love and care they gave to students during the period of the internship. On behalf of the students, Duane DuPlooy expressed his gratitude to the NPA especially those that they came into contact with during the programme. He said theywere honoured to have been afforded such an opportunity to use theoretical knowledge gained at the university and apply it in apractical environment as well as understanding the NPA and the South African court system as a whole.Professionalism, Integrity, Service Excellence, Accountability and Credibility

10 NPA NewsNo more safe havens for stolen assets!Corrupt officials have been warned. The world will no longer provide a safe hiding place for their loot.Tebogo SeateThis is a strong message that emanated from the Global Forumon Asset Recovery and Development which was held in Parisin June this year. In attendance was our Minister of Justice andConstitutional Development, Mr Jeff Radebe and Head ofAsset Forfeiture Unit, Mr Willie Hofmeyr. The Minister wasinvited to this forum as a keynote speaker particularly becauseSouth Africa is regarded as one of the countries that have dealteffectively with criminal asset recovery. The internationalcommunity therefore wanted South Africa to share herexperience in tackling this problem. As the world isrecovering from the globaleconomic crisis of the past threeyears, there is yet anotherchallenge which keeps onaffecting poor people,particularly in the developingcountries - corruption in theform of theft of public funds andthe laundering of proceeds ofcorruption through theinternational financial system.The world, however, is nowspeaking with one voice that warmust be waged against themassive drain of funds awayfrom the people who need themthe most, and international cooperation is vital to ensure theirreturn.Corruption has an adverse effect on development as servicedelivery to the poor is negatively impacted when resourcesaimed at uplifting them are diverted elsewhere. Mr Radebewas therefore identifying with crime-fighting efforts by theinternational community to curb this form of crime. He saidthe world at large needed to be given assurance that those whocommit crime and seek to benefit from it will have nowhere torun to, that they will have nowhere to hide their assets, andthat the community of nations will pursue them relentlessly nomatter where they may be in the world.The Minister said it was for this reason that South Africa haspledged its support to an initiative like the StAR (StolenAssets Recovery) initiative, which is a joint venture betweentheDelegates at the Global Forum on Asset Recovery andDevelopmentWorld Bank and the United Nations Office on Drugs andCrime (UNODC). Its aim is to assist developing countries torecover assets that have been stolen and to return them tothose countries. He said increased international cooperationwas needed in this area to ensure that there are no safe havensanywhere in the world for the proceeds of corruption.Mr Radebe said as the leader of the justice and security clusterin South Africa, he has signed a performance agreement withthe President in which he committed himself to ensuring that100 people are convicted in corruption cases where assets ofmore than R5 million have beenrestrained. He said he had to meetthis target by 2014. This, said theMinister, was a tangible expressionof political will to root outcorruption. He said, “South Africahas taken a very strong stance intackling corruption. As a country wehave demonstrated our resolve andcommitment to dealing withcorruption and asset recovery byputting in place the necessary legalframework to support suchendeavours”. Mr Radebe said whileSouth Africa may not have been thepioneer on the asset recovery front,the country was able to draw valuable lessons from thosecountries that led the way. In turn, may other countries havebeen able to benefit from the South African experience,because we have been able to assist a number of countrieswhere assistance was requested.One of the challenges of asset recovery is that it is still arelatively new concept in criminal law internationally andmany legal issues remain unresolved. It also raises manycomplex legal issues, and deals with cases that are generallyvery heavily litigated and resource intensive. It is for thisreason that the Minister made a number of recommendationsto the forum, which among others, calls for more formalmeasures of co-operation among participating countries,increased sharing of information and optimal use ofinformation technology. Mr Radebe also called for intensivetraining of lawyers and investigators, and the building ofrelevant contacts and networks.Professionalism, Integrity, Service Excellence, Accountability and Credibility

NPA News 11Asset Recovery Inter Agency Network of Southern Africa - 1 st AGMRepresentatives fromthe nine membercountries: Botswana,Lesotho, Mauritius,Namibia, South Africa,Swaziland, Zambia andZimbabwe converged inPretoria to discuss andshare experiences onhow to effectively seizethe ill-gotten wealthfrom the unscrupulouscriminals to ensure thatjustice in the economicregion prevails.Amongst other thingsthe AGM also aimed atdeveloping lines ofcommunication andoperating procedureswith the view tofacilitate work ofinvestigators and prosecutors in tracing, freezing, confiscatingand repatriating the proceeds of corruption and other financialcrimes.In the increasingly globally connected world, the crimes ofcorruption, money laundering and drug trafficking routinelycross national borders. It is for this reason that collaborationthrough ARINSA networks where prosecutors andinvestigators will easily connect with counterparts in membercountries is encouraged. Consequently, Minister Jeff Radebe,emphatically voiced his support for the need to increasecapacity of prosecutors and investigators to pursue corruptionand its proceeds.The Minister said he was very pleased to witness measures toNomilo MpondoThe Minister of Justice and Constitutional Development, Jeff Radebe made an opening address at an ARINSAAGM in Pretoria last month.combat crime being implemented as that will guaranteeThe Minister expressed his gratification in being part of thehistoric event as it was the very first Asset Recovery Inter-Agency Network of Southern Africa (ARINSA) AnnualGeneral Meeting in the Southern African region. ARINSA ismodelled on the European Camden Asset Recovery Inter-Agency Network (CARIN) and is affiliated to the CARINNetwork.investors and all other role players in our regional economy ofthe legitimacy of the regional development agenda.He asserted that the route of asset forfeiture is a fittingresponse to the threats of crime and corruption in the regionaleconomy and social welfare of the region. The Ministerconcluded by pledging South African Government’s supportto the initiatives of the ARINSA. “We will endeavour to createa climate conduciveto the realisation ofyour full potential,consistent with yourmandates in yourcountries”.Mr Willie Hofmeyr, Minister Jeff Radebe and the programme director at the ARINSAAGMThe head of AFU, MrWillie Hofmeyr, afterMinister Jeff Radebedeclared the AGMopen, gave aresounding historicalbackground about theformation of assetforfeiture and how itwas modelled. Hepointed to thechallenges andcomplexities in theeffectiveimplementation ofasset forfeiture. Healso explained the usage of civil litigation and its effectivenesswhere evidence is not sufficient to secure a criminalconviction. In such cases, the AFU can often still meet civillitigation standard of proof, i.e. a balance of probabilities, tosecure the forfeiture of proceeds of crime.In the early days of asset recovery across borders, the use ofdiplomatic channels for mutual legal assistance proved to bevery slow and it necessitated the creation of more efficientmechanisms for mutual legal assistance. This led to theinternational requirement for states to set up centralauthorities, where requests get to be channelled to relevantdomestic agencies quicker and speedily, thereby resulting inefficient asset recovery. In closing he said that asset recoveryis an intellectually stimulating work but not easy.Professionalism, Integrity, Service Excellence, Accountability and Credibility

12 NPA PerformanceGranny killer sentenced to lifeA 22 year-old man who raped and murdered a 72 year-oldwoman in Kimberley was sentenced to life imprisonment inthe Northern Cape High Court. Andries Mohale who isaccused of rape and murder of Hettie Uys was found guilty inthe Northern Cape High Court and sentenced to lifeimprisonment. He also received an additional 25 yearsentence.Acting Judge BM Pakati sentenced Mohale from Donkerhoekin Galeshewe to life imprisonment for murder, 10 years forrape and 15 years for robbery with aggravating circumstances.The sentences will run concurrently. Uys was brutallymurdered in the West End cemetery in January last yearduring a regular visit to her husband’s grave. She had astanding engagement of placing fresh flowers on herhusband’s grave every Sunday morning after church.State AdvocateAdele Van Heerdensaid Uys wasseverely assaultedand was struck onthe head with astone and someforce must havebeen used whichwas the intention ofher attacker to killAdvocate Adele Van Heerden her. MonnapuleWindvogel whowas accused number two, turned state witness at the beginningof the trial. The third accused, a 16 year-old minor wasacquitted. Acting Judge Pakati described the attack on Uys as“vicious and appalling”. She said the accused is a danger tosociety who does not have respect for anybody’s dignity andprivacy. “The court also takes into consideration that he didnot show any remorse”, she said.The Acting Judge said the accused was a poor witness whogave long-winded explanation to answer the questions of theprosecution. She also stated that the accused had no right tosteal the old woman’s possessions after he stole her denturesand took money from her wallet. “He severely assaulted theelderly woman and dragged her to her car where she wasraped”, she said.Phaladi Shuping“The evidence as a whole is beyond reasonable doubt. Aconsiderable amount of force must have been used to hit thedeceased. The bruising on her face also shows that the accusedused a significant amount of force. She was 72 anddefenseless”, the Judge said.After the accused was given a life sentence, the deceased’seldest daughter, Annamarie Potgieter stood in front of him fora few seconds, staring into his evading eyes. “I just wanted tolook into the eyes of the man who murdered my mother. Ispoke to him in silence. He knew what I was saying”, she saidto Khasho.Commentary by Advocate AdeleVan HeerdenWe experienced a lot of challenges during the trial. Firstly,there was no eyewitness to testify. There was also no DNAthat could be found on the dentures since an abrasiveliquid was used to clean them. We could also not find thedentist that could link the specific dentures to thedeceased. The investigating officer found the shoe printsnext to the body of the deceased but due to the composureof the surface no extractible prints for comparisonpurposes could be made.The accused alleged that he was at the cemetery where hefound the deceased who had already been attacked. Hewas under the impression that she was dead, and lookedthrough her vehicle for something to steal. He claimed thathe may have stepped on the deceased when he exited thevehicle. This was given in an effort to explain the palmprint and the sole print on the face of the deceased.The highlight of the case was seeing the pieces of evidencecoming together. The investigating officer managed totrace the dentures of the deceased to the accused. It wasalso gratifying to see the family members of the deceasedwelcoming the sentence.I have learned from this case that it invaluable to workclosely with the investigating officer from the start. Theinvestigating officer was inexperienced since this was hisfirst big case but by working closely together, we managedto get conviction on the murder with dolus directus.Professionalism, Integrity, Service Excellence, Accountability and Credibility

NPA Events 13Sexual Offences Indaba 2010Sibongile MogaleThe third Sexual Offences Indaba was held in Kempton Park, Johannesburg, from 16 to 17 August 2010.Dr Silas Ramaite, the Deputy National Director of PublicProsecutions welcomed and thanked everybody on behalf ofthe NDPP, including the Director of USAID and other donors’representatives.Dr Ramaite said there was a need to continue holding suchindabas even though there was a feeling among certain NPApeople that much has been done. The reality is, said DrRamaite, there was still a lot ofwork to be done. Women andchildren are still being raped intheir homes, where they areactually supposed to feel safe.“Their rights are being violated,and it is our duty to restore thoseviolated rights to the best of ourabilities”, he said.Advocate Thoko Majokweni,head of the SOCA Unit, said:“Success in our country willonly be achieved when there isjustice in our society so thatpeople can leave in freedom andsecurity - and those peopleinclude women and children”.Adv Majokweni explained that the indaba was the third one tobe held, and the feedback received from all previous indabasshowed that there was indeed a need for such an event.She explained that the purpose of the first indaba was to bringeveryone together to share their experiences; the second onewas aimed at exploring how ordinary South African citizenscould have access to the various support services offered, andthis year’s indaba was aimed at consolidating the dreams ofthe past two years. Expanding further, Adv Majokweni saidthe third indaba was also aimed at achieving the following:• To strengthen stakeholder cooperation;• To mainstream Human Trafficking management inGender Based Violence programmes;• To review stakeholder collaboration mechanisms; andDelegates at the Sexual Offences Indaba 2010• To develop an integrated capacity developmentprogramme for law enforcement agencies, criminal justiceagents, health and social welfare professionals.In closing, Adv Majokweni said: “We are here to plantogether, to ensure that we achieve together. We are here toprovide leadership in our different areas and colleagues so thatthose colleagues know why we are here”.Mr Jeff Borns, the MissionDirector of USAID promisedthat his organisation wouldcontinue offering its support toSouth Africa, and praised AdvMajokweni for her passion anddrive in ensuring the successof the partnership betweenSouth Africa and USAID.“The partnership we arehaving with South Africa ismarvellous and will continueto be like that for a very, verylong time,” he said.Speaking on the model ofThuthuzela Care Centres(TCCs), Mrs Mmabatho Ramagoshi, who was also thefacilitator for the day, said she was very proud of the supportthat the Danish government had given in the establishment ofTCCs. She said the model was behind the successfulestablishment of TCCs that South Africa has witnessed. MrsRamagoshi urged the Danish government to continue offeringits support, including all future initiatives.In conclusion, she said: “Gender Based Violence (GBV) inSouth Africa is still a challenge. People choose different waysto look at the problem. Studies are very difficult to provide afull picture of what is really happening in our country and thesame applies to Human Trafficking. Although studies havebeen conducted, we still don’t have an accurate picture. So farwe rely only on evidence”.Professionalism, Integrity, Service Excellence, Accountability and Credibility

14 NPA PerformanceGangster gets life imprisonment for the Kewtown massacreEric NtabazalilaOn 30 July 2010, the Western Cape High Court sentencedKurt Oliver to life imprisonment for the killing of five peoplein the 2007 gang-related Kewtown Massacre. His co-accused,Ryno Sass was sentenced to 24 years imprisonment effectivelywhile a third accused was acquitted on all counts as witnessescould only identify two attackers.Oliver and Sass were convicted of five murders, fiveattempted murders, unlawful possession of a firearm andunlawful possession of ammunition. Passing judgement, JudgeChantal Fortuin described the killings as ‘cold blooded’,‘reprehensible’ and carefully planned in detail.The deceased and other victims who survived were sitting atthe entrance of the notorious Block 28 Flats in Kewtown,Athlone, drinking, when the accused pounced upon them andshot them. Among the group that was sitting was a fifteen yearold girl who was visiting her aunt for the school holidays andthe other was a paralysed person sitting and talking with thegroup.Faces of theattackers werecovered withscarves during theattack but thefifteen year oldvictim managed topull the scarf fromthe shooter’s facejust before she fellto a hail of bullets.This led to one ofthe eye witnessesto recognise andidentify theshooter as Oliver.Sass wasidentified by oneAdvocate Pedro van Wykof the victims thatsurvived the attack.He was well known to this witness and the scarf had fallenfrom his face whilst he was chasing this witness.Both the accused were well known to the surviving victims,and the victims could identify them through their way ofwalking and their voices. Two witnesses also saw their faces.Three of the deceased in this matter and four of the ones thatwere wounded were part of a Cape Flats gang. The attack onthem was revenge by Oliver and Sass’s gang for the killing offour of their gang members by the gang of the deceased.Commentary by prosecutor -Advocate Pedro van WykOne of the challenges experienced during the trial wasto lead the evidence on identification of the accused insuch a manner that it could clearly illustrate that notonly was the evidence of the witnesses above reproach(credible) but that their identification of the accused wasreliable.Another challenge was when one witness went missingand the other one had an emotional breakdown.However, I managed to trace the one that had gonemissing with the help of the investigating officer. I alsomanaged to get hold of the one who had a breakdownafter going through intensive counselling.Despite this, I still managed to successfully lead boththeir evidence, which had a positive impact on the restof the evidence. Another challenge lied in the fact that itwas a gang related matter, and we had to constantly takeprecautions in order to avoid intimidation of ourwitnesses, which we managed to do successfully withthe help of the SAPS.I also had a heart-breaking moment, when one of thewitnesses, who was an elderly person, said to me: “Sir,every day at 6 o’clock in the evening, we have to ensurethat everyone is inside the house and lock the doors,because that is when they start shooting”.On the whole, I am pleased that justice was done, and atleast the communities of Athlone can see that the lawenforcement agencies are not sleeping. An outcome likethis will go a long way in restoring the people’sconfidence in the criminal justice system of this country.It will also send a strong message to gangsters that crimedoes not pay.Professionalism, Integrity, Service Excellence, Accountability and Credibility

NPA Staff 15Professional Journey of Adv Dora NgobeniAs a way to celebrate women and keeping with the theme of this issue of Khasho, we spoke to Adv Dora Ngobenito hear from her how she progressed professionally in the NPA since 1999.Mona MoeraneWhen did you join the NPA?Any highlights of your career?I worked in the justice system all my life but joined the NPAin 1999. I started as an interpreter in 1992 at the Departmentof Justice and Constitutional Development.Through part-time studying, I qualified with aBJuris in 1998 and then LLB in 2004.I acquired prosecutorial experience in variouslevels, as a district, regional, controlprosecutor and sexual offences prosecutor.Today I am a prosecutor in the North GautengDPP office.What challenges do you face as a femaleprosecutor?I will say dealing with criminal cases such asmurder, rape and other contact crime cases.One needs frequent debriefing sessionsbecause violence is mostly used in such cases,therefore it becomes an element in our everyday work. Youcan imagine what that can do to you as an individual.Advocate Dora NgobeniThe highlight of my career was prosecuting on the rape andmurder case of a 12 year old in Nelspruit. The young girl wasgang raped and murdered. One of the accusedwas her own neighbour. The neighbour wassentenced to life imprisonment. That reallyfulfilled me as a prosecutor in the case. I believethat a strong message was sent that violenceagainst children will not go unpunished.What did you learn from this case?The nature of the case taught me that you needto do thorough preparation as a prosecutor inorder to be a step ahead of your opponents,which makes you a very vigilant crime fighter incourt.Lastly, I want to emphasize that I love my job.I’m a born prosecutor who’s serving ameaningful purpose in life, through prosecution.NPA gives birth to a novelistNatasha RamkissonA newly-published novelist is present within the ranks of the NPA. Senior State Advocate Wendy Greefffrom the Organised Crime Component at the DPP’s office in KwaZulu Natal has written a novel, whichwas officially launched at the Cape Town Book Fair on 31 July 2010.The novel, entitled Becoming, is set in modern day South Africa, and is about how we can become wholedespite our circumstances or our past. It is a novel about sexuality, and it also deals with the difficultsubject of female genital mutilation. Becoming was inspired by an article which appeared in the SOCAUnit newsletter some years back, which dealt with the subject of so-called female circumcision. Thearticle focused on the practice in the African context, including the practice of infibulation which existsin Northern Africa, and mentioning a version which exists in certain rural areas in Limpopo.Adv Wendy GreeffWendy recalled having seen a facts-of-life book entitled On Becoming a Woman, written in the 1950s and aimed at white middleclassgirls, that advocated the practice, and she wrote a letter to the SOCA newsletter mentioning this fact. She was thenchallenged to write an article about it, but was unable to find out whether or not any white South African women had in factundergone the procedure. And then one day at the beginning of January 2006, while driving to work, she realised that although afactual article might be almost impossible to write, a work of fiction wasn’t. The result was “Becoming”.Becoming is published under Wendy’s maiden name by David Philip Publishers, an imprint of New Africa Books (Pty) Ltd, andis expected to be in bookshops Professionalism, shortly. Integrity, Service Excellence, Accountability and Credibility

16 NPA StaffNIA Winter GamesBilly MabenaThe NPA was once again invited to participate in this year’swinter games, hosted by the National Intelligence Agency(NIA). The games are held annually and participation is byinvitation only, which is reserved for intelligence departmentsin similar clusters.The games have been held for over 21 years and it seems theyare getting stronger every year and the participation growswith every event. This year the invitation to participate in thegames was extended to SAPS, SANDF, NPA, office of theState Attorney, FIC, IDC and DIRCO.The 2010 games were held on 30 July 2010 at NIA’s sportsgroundsand at various locations around the Pretoria area.The NPA participated in the following sporting codes: fun run,aerobics, soccer, netball, golf, combat shooting; pool, volleyball and breakfast motorbike run. The NPA’s participation inthis year’s tournament was well supported by staff whoenrolled in large numbers for the different sporting codes.The overall performance of the different teams was excellent,but the combat shooting team made us even prouder byachieving the highest overall score. The team, which was ledby Mr George Hardaker won the trophy in their category. Wewould like to congratulate them for representing the NPA verywell in the tournament.A special mention also goes out to the soccer team whichreached the semi-finals of the soccer tournament. They wereknocked out on penalties by the SAPS who went on to win thetournament in the finals.The NPA would not have been able to honour the invitation toparticipate if it wasn’t for the efforts of the EWP section. Theyembraced the event and provided the resources required forparticipating in the event.Professionalism, Integrity, Service Excellence, Accountability and Credibility

NPA News 17Update on Operation Recruitment DriveNomilo MpondoAugust month marked a year since the launch of the Operation Recruitment Drive Project by the NPA. HRM&Dwent on full steam ahead to recruit legally qualified personnel with the view to fill vacancies nationally. Khashospoke to Mr Mncedisi Sineke, Programme Coordinator for the project to update us on how the project hasprogressed thus far.1. Can you briefly tell us when was the project started andhow far it is now?The project started on 12 August 2009. Currently it is at thestage where offers of appointment are extended torecommended candidates and this will continue until the endof November when the approval to extend offers expires.2. What were the compelling reasons for this massiverecruitment drive?The organisation had a 22% vacancy rate. A decision wasmade to establish the project in order to ensure a more focusedapproach to filling prosecutors’ positions. A project team wasappointed and positions for prosecutors at all levels wereadvertised in the national newspapers, both the Sunday Timesand the City Press. One of the challenges identified was thatthe organisation continued to advertise and fill positions butthis did not help to reduce the high vacancy rate as officialswere merely recycled internally from one post and region toanother and this happened all over the country in theprosecutorial positions. The organisation was simply notattracting external candidates to the organisation.3. Has the problem of legally qualified staff shortage nowbeen put to rest?Not at all, because we did not attract as many candidates fromoutside the NPA to sufficiently address the problem. Only 74external candidates were appointed.4. Does the NPA have enough resources to accommodatethese new recruits?During the scoping of the project all stakeholders wereinvolved in planning for the accommodation and resourcing ofappointees. Unfortunately, due to other more pressing needsand the fact that the government in general is under financialstress, this remains a problem.5. Have you achieved all your project objectives?I can say NO we did not because we experienced manyhiccups during the project. First of all, not all the project teammembers were able to fulfill their various roles andresponsibilities. Other unanticipated problems emerged whenmemoranda were to be finalized, causing delays and confusionin some instances. As an organisation, we need to review ourrecruitment strategies and processes to ensure that we are ableto attract sufficient external candidates to make a dent on thevacancy rate without overlooking internal candidates whohave been loyal to the NPA to date. It is hoped that the OSD(Occupation Specific Dispensation) will be approved soon andit will assist the organisation in dealing with this and finding abalance.What lessons did you learn during the project?Mncedisi Sineke: Project Coordinator• Proper scoping is needed to ensure all realities are takeninto account.• Proper change management initiatives must be in placecoupled with integrated planning – any stakeholdersinterested or impacted by the project must be part of theplanning phase.• Accurate schedules must be drawn up to avoid workingoutside project schedule whilst generating project changerequests.• Avoid unrealistic deadlines – realistic schedules should bedrawn up.• There must be complete ownership of the project andexecutive leadership must also be provided.Professionalism, Integrity, Service Excellence, Accountability and Credibility

18 NPA NewsTurning Victims into SurvivorsNatasha RamkissonThe NPA recently joined hands with the Jessica FoordFoundation (JFF) to host a Women’s Day project in the PortShepstone Cluster in KwaZulu Natal.The Foundation was established by rape survivor, JessicaFoord to assist others that are in a similar situation. The ideaof the project, termed the ‘handbag project,’ started off as ane-mail that Foord sent out to a friend. This e-mail wasforwarded numerous times until it reached the Regional Courtprosecutor at Scottburgh, ChristelleRossouw.Rossouw then approached herChief Prosecutor, Mr Sansom, withthe idea. “We saw that the projecthad immense value for thecommunity and decided to goahead,” said Rossouw.According to Mr Sansom this jointventure is just the beginning. “Wewill partner with the JFF to roll outthis project in other clusters suchas Pinetown, Empangeni andLadysmith.”In essence, the handbag projectinvolves a person donating ahandbag. These handbags shouldbe filled with toiletries such as sanitary towels, underwear,deodorant, soap, face cloth, etc. The bags are collected andgiven to the JFF.The JFF then distributes these bags to authentic places ofsafety and crisis centres to be given out to victims of abuseand/or rape. On this specific project, prosecutors from the PortJessica Foord, Elaine Khuzwayo, Christelle Rossouw, NosipoKente, Kogi Naick, Smangela Mdungana and SharmillaChinnasamyShepstone Cluster, consisting of Ixopo, Kokstad and PortShepstone offices joined forces together and managed tocollect 348 handbags from the community and otherstakeholders, which were handed over to JFF. Prosecutors alsocontributed funds and purchased bags and toiletries.A speaker at the event, Regional Head from the Department ofJustice, Mrs Bridgette Shabalala, commended the JFF for theproject. She said, “This project fits in perfectly with this year’stheme for Women’s month,which is working together forequal opportunities andprogress for all women, and aswomen we need to supporteach other”.The keynote speaker of theday, Ms Jessica Foord wasoverwhelmed by the supportshe received and the number ofbags donated. Foord explainedthat the handbag and itscontents were meant to makethe recipient feel better. “Itgives hope to a person who hasjust been traumatized, becauseit lets them know that there issomeone out there who cares”.The 23 year old spoke with such hope and determination thatshe exuded the fact that she was indeed a survivor and not avictim. She said, “I’m often asked if I have ever consideredemigrating from South Africa given my experience. Myresponse is that I’m not going anywhere. I love this countryand I am going to stay and continue fighting”.Send your news (serious and funny)and letters to Khasho@npa.gov.za orfax your stories and information to012 843 2120Publishing Editor:Nomilo MpondoNPA CommunicationsEditing Management:Tebogo SeateBulelwa MakekeLayout:Lucious DzhivhuwoProfessionalism, Integrity, Service Excellence, Accountability and Credibility