Racketeering sentencing - NPA

September / October 2013KhashoEnsuring prosecutions without fear, favour or prejudiceUncle sentencedto 100 years forraping his nieceKnow yournpa strategicobjectivesRacketeeringsentencingProfilingof the npaInternal Audit

ContentsLetter from the ManagingEditor 2Meet the new NDPP 3Letter from Adv. Jiba 4Letter from the CEO 6Uncle sentenced to 100years for raping his niece 7First SARS Officialconvicted of racketeeringand money laundering 8Know your npa strategicobjectives 10Rapist sentenced to lifeimprisonment 11Racketeering sentencing 12Brutal murder of a fourmonth old baby & hermother’s rape 13Good samaritan killed bya hitchhiker 14Did you know the Npaapplies the 8-week ruleon Sick Leave? 15Profiling of the npaInternal Audit 16About the Directorate:OrganisationalDevelopment 18New NtuzumaMagistrates court 19National Crime VictimRights Week – build-up 202Letter from theManaging EditorWelcome to this very first edition of ournew and improved Khasho. Guided by theresolutions of the Management Summitthat was held in April last year, we reevaluatedour Khasho distribution and areproud to announce that we have increasedour circulation figures to now also cater fora wider distribution that covers membersof the public. This will now be an importantpublic outreach tool that will serve toeducate and create awareness about thework of the NPA.You will notice that we have effected aminor facelift to the newsletter design andlayout style to give it a fresh and appealingstyle in line with global trends. Our testedformula of editorial content however has notchanged. Khasho will continue to positionitself as your ultimate repository of newsand information about the happenings inthe NPA and we will continue to profilethe sterling and often challenging work ofthe prosecutors as well as to inform staffabout important developments within theorganisation.In this edition we share with youracketeering and money laundering cases.Both these cases highlight the importanceof teamwork and co-operation by relevantauthorities. Also learn about the functionsof Organisational Development in theHRM&D and understand the significanceof their work in the organisation.Watch out for the “Operation Clean Audit”campaign that is meant to keep up with theclean audit momentum. We also bring youan article that focuses on a very importantaspect in the leave management policy calledMs Bulelwa MakekeExecutive Manager: Communicationsthe “8-Week Rule”. Leave managementis one of the critical areas identified inthe audit action plan that requires raisingawareness amongst employees so that wecan all be vigilant and keep away from anyleave management pitfalls. To bolster thiscampaign we have also profiled the NPAInternal Audit Unit. Take time to familiariseyourself with the important work of this unitand also get to know the people behind thishuge governance task.For the first time, Khasho is featuring anarticle about the NPA Strategic Objectives.This is an endeavour to bring everyone onboard and to inform you about the directionthat the organisation is taking to addressareas of under-performance.And finally, we take this opportunity tointroduce our new NDPP, Mr MxolisiNxasana. I am sure you are dying to knowwhat stern stuff he is made of. Well, Khashobrings you an exclusive interview with himand you will be thrilled to learn more abouthis life , his beliefs and his values.As always, we invite you to forward usyour suggestions and contributions to thefollowing e-mail address: khasho@npa.gov.za. Your constructive feedback is alwaysappreciated.Thank youEnsuring prosecutions without fear, favour or prejudice

Meet the new NDPPMr Nxasana, there is interest out there toknow you - Who is Mxolisi Nxasana?I was born in Durban, 45 years ago in UmlaziTownship and am from a family of six children.My father was a labour activist and my mumrose through the teaching profession ranks andbecame a school Principal. I am married withseven beautiful children. One of the things that Iwish for my children is quality education. With it,I know they will become employable after theygraduate. Most of all, I wish them a good life.Did you also get the quality education thatyou wish for your children?Let me just say, all my formative schooling wasdone in township schools. I went to NyanisweniPrimary School, proceeded to MafumbukaHigher Primary, then to Zwelibanzi andHambangendlela High School where my motherwas the School Principal, and passed my matricin 1988. I registered for my B.Proc in 1989 at theUniversity of Zululand and graduated in 1992. Ithen registered for my LLB in 1993 but most ofmy classes took place at the evenings renderingme idle during the day. In 1994 I registered formy clerkship with Ngubane and Partners inDurban, which I did concurrently with my LLB.During the day I would take a taxi to the law firmand go to classes in the evenings. I passed myLLB in 1995 and was admitted in 1997.What was it like to be raised by an activist?It definitely had its bad days because my fatherwould be detained or banned and we wouldspend years without him, but my mother camethrough for us in a big way. She single-handedlyraised all six of us. When the going got tough forher during my father’s ban or detention, the wellknownactivists Victoria and Griffiths Mxengewho were my dad’s close friends would gatherresources to help us out. I remember as a youngboy, when Griffiths Mxenge visited my home,he would ask what we all wanted to be when wegrow old and I would vehemently say “a lawyer”,something he marvelled at. It is so ironic that Ifind myself leading this very institution whoseheadquarters are named after them.What kind of values did your parents instilin you and how did these values carry youthrough life?My mother was a staunch Methodist; shetherefore instilled Christian values espousedin the Methodist teachings. These valuestaught me to be the principled man that I am;God fearing; ability to choose the right peopleto surround myself with; and most of all lovefor the people. Those are the values that I stillhold dearly. The one thing that is not in keepingMr Mxolisi NxasanaNDPPwith my values though, is the fact that I did notmeet and greet staff when I arrived here on 01October, as I was hoping to. This is regrettableand I sincerely tender my apology to the NPAstaff. I look forward to meeting the staff soon.The environment you grew up in presentedyourself with role models. Can you mentionone?It would be my mother. She was incredible. Sheis definitely behind my success. She carried alot of passion. She went the extra mile to lookafter and care for others. She changed so manypeople’s lives. She knew education was the onlytool to a better life and that is what she aspiredfor us to have. No adversity would make herchange her belief and passion. It is regrettablethat she did not live to see her fruits. I know shewould have been the happiest person to hearabout my appointment as the NDPP. She passedon last year and my dad passed on in 2011.What is the one thing that you liked about theNPA from the onset and also your general view?The mood and attitude of the people across alllevels is quite overwhelming. I feel part of theNPA and am amazed by my smooth transition- singing the same tune with prosecutors in thefight against crime.Contrary to the negative perception created bythe media, the NPA is blessed with dedicatedprosecutors who just want to work anddischarge their duties. I can say the same aboutCorporate Service staff. It is very pleasing totake over a clean audit I could not have asked formore. It is unfortunate that the excellence of theorganisation is overshadowed by the negativereporting on a few cases.Do you have a final message for NPA staff?What a pleasure to go to Parliament in thesecond week of my arrival to present a cleanaudit. I know this is because of the good workfrom all employees. I notice that they havedone well in terms of performance, despite thebudget constraints and other impediments. Iwish for everybody to continue in the samemomentum. I pledge my support to them to domore to achieve our targets.NPA News September/October 20133Ensuring prosecutions without fear, favour or prejudice

4NPA Performance September/October 2013Letter fromAdvocate JibaI am delighted beyond measure that I haveserved as the acting National Director of PublicProsecutions in this magnanimous institution.Serving in the highest echelons of justice hasalways been one of my childhood dreams.Steering this equally huge ship was not an easytask but with all your support and dedicationI forged ahead. I must admit that you all haveexhibited great loyalty and diligence towardsyour respective obligations. Truly, the NPA isproud to have such dedicated employees. Thus,I would like to take this opportunity to say thatI appreciate each and every single effort andsacrifices made, with all my heart.Throughout my acting tenure, the focus hasbeen on improving the performance of theorganisation. To this effect, several initiativesand interventions have been introduced andimplemented. These include:• SMS Summit that mainly focussed oncollective solutions to address bottleneckswithin the organisation. This prompted furtheranalysis of workload and staff utilisation withinthe organisation. Thus, a special project thatlooks into the resource allocation has beenestablished. Another important resolutionwas for the organisation to have an initiativeto recognise excellent performance beyondthe performance development system hencethe planned Service Excellence Awardsprogramme.• Resuscitation of the NPS and SCCU whichled to the establishment of the NationalOperations Management Meeting (NOMM)comprising of the Directors of PublicProsecutions. The NOMM’s objective isto interrogate performance of the courtsand share best practices. The performanceas reflected in the Annual Report 2012/13indeed improved.• Resuscitation of the EXCO to drive the SMSSummit agenda. To date, five projects thatAdv Nomgcobo JibaDNDPPseek to monitor and improve performancewere developed. In keeping with the spiritof transparency and openness, a decision toshare with the entire organisation importantdecisions and deliberations from EXCO wastaken. Sharing is done through a platformcalled EXCO Bytes. Enlighten yourself aboutfurther developments on these projects byfollowing the EXCO Bytes.• Stakeholder workshop with the SAPS, LegalAid South Africa and the DoJ&CD to alignstrategic plans so that we can focus oncrime fighting. As a way forward, four focusareas were developed including the generalprosecution processes and protocols.• Participation in the National EfficiencyEnhancement Committee led by the ChiefJustice. These meetings seek to bringtogether the leadership of the judiciary andother stakeholders with the aim to enhancecourt performance and outcomes in thedelivery of quality justice to all. I am happyto advise that the NPA has been asked tolead the developments of the performanceindicators that will measure performance of allstakeholders to enhance court performance.I am pleased to share with you that theintroduction and implementation of theseinitiatives yielded some spin-offs that sawimprovement on the NPA’s performance. Theconviction rate rose to 89.9% throughoutour courts whilst case backlogs decreasedsignificantly compared to the previous two years.Be that as it may, the NPA’s overall performanceagainst the predetermined targets was notsatisfactory because of the stretch targets thatthe NPA set for itself for the 2012/13 year review.This is eloquently detailed in the Annual ReportEnsuring prosecutions without fear, favour or prejudice

2012/13 and I call upon all of you to read thispublication and enlighten yourselves about yourorganisation’s performance results.Let me now talk about the subject that alwaysresonates with me – transformation. The NPA cannow be proud of the rapid progress it has madein the transformation of the prosecutions servicethrough the National Panel Recruitment Drive,of which I have been a member. This initiativemainly focussed on the senior managementlevels of the prosecutions service. To date, theNational Panel appointed 40 African females and16 African males within a very short period. Iam today, very pleased to have contributed to ademocratic transformation initiative, that soughtto create more diversity in the prosecutionsservice. This is the legacy that I would wanthistory to judge me by, amongst others.Allow me to welcome the new NDPP, MrNxasana with the warmest gesture and may heduring his tenure be able to raise the NPA to evengreater heights. It is my fervent hope that wewill continue to forge stronger bonds of rapportand radiate our spirit of prosecuting without fear,favour or prejudice. I have confidence that youwill continue to support him to ensure deliveryon the NPA mandate.Let me also thank the Exco, the DPPs and allstaff for the unwavering support you gave meduring my acting tenure. I am truly honoured tohave served with you by my side.NPA Performance September/October 20135Ensuring prosecutions without fear, favour or prejudice

6NPA News September/October 2013Letter from theCEOI wish to extend a warm welcome to the NPA’snew National Director of Public Prosecutions,Mr Mxolisi Nxasana. His wealth of experiencein criminal law and his apparent integrity, willinstil confidence in both the public and the NPAstaff alike. With him at the helm of prosecutions,stability and certainty in the leadership has beenestablished and presents us with the opportunitytake the organisation to new heights on thesound foundation established. Let us join handsin supporting Mr Nxanana in the execution of hisonerous task.“Healthy body, healthy mind” is an old adagethat we in the NPA are trying to embrace. Weencourage you to actively participate in thesupport programmes of the NPA aimed atencouraging each of us to make time to lookafter our bodies. This investment of the NPAdemonstrates our appreciation of each of you asa whole person and as our most valued resource.The EWP flagship annual Sports Day event hasbeen combined with the Service ExcellenceAwards this year. The NPA has not alwaystaken the time to acknowledge the efforts ofstaff under difficult circumstances and thisaward programme is meant to acknowledge thisshortcoming and address it. It is meant to say“thank you” to those of you that have excelledin you various areas of service delivery. It mustbe noted, however, that these awards are notmeant to replace the performance rewardsystem but should be seen as a ceremonialrecognition programme only. They are intendedto recognise staff members whose actionsdemonstrate a commitment to NPA’s values andwillingness to go above and beyond the call ofduty. I hope you did not miss the circular thatwas circulated recently explaining the differencebetween these awards and performance systemawards. The sporting events will also bring youopportunity to informally meet the new NDPPand other members of Exco.It is that time of the year again; where staff takesleave to write exams. Good luck to those that willbe writing exams! I hope that managers haveMs Karen van RensburgCEOplanned for this season to ensure that servicedelivery is not impacted on. If you have the NPAbursary please remember to submit your resultswhen they become available.The 2013/14 auditing has already begun! Wecontinue to rely on your cooperation in supplyinginformation for auditing and to continuing toensure high levels of compliance and goodgovernance. The NPA is very proud to haveachieved a clean audit and seeks to maintain asthis impacts on the reputation of the organisation.In sustaining the clean audit, we are embarkingon a campaign called, “Operation Clean Audit”.Look out for posters, articles in Khasho andbulletins for all the information that you need tohelp the NPA sustain its clean audit status.It was a career highlight for all of us to appearbefore the Justice Portfolio Committee inParliament on 8 October, presenting a cleanaudit. It has been a goal of the management ofthe NPA to achieve this first ever achievement. Iwill forever be indebted to you for your supportand am mindful of the critical role played by eachperson. There is still a lot of work to be done tomaintain last years’ achievement and to preventus falling short in any area. Unfortunately thebetter we get the more complex the auditingprocess becomes. For this audit period theemphasis will be on the performance informationand this will not only include the correctness andvalidity of data but also the analysis thereof andthe actions taken to address the areas wherewe have not reached targets.I encourage all of you to remain resolutelycommitted to the NPA values and ensuring thatthe people of South Africa are and feel safe. Ialso wish to implore each of you to remain loyalto the NPA and use the official avenues to viewyour concerns and areas of dissatisfaction.I am delighted to serve in an organisation whereeverybody lives its vision.Ensuring prosecutions without fear, favour or prejudice

Uncle sentenced to 100 years forraping his nieceJustice was served when a 46 year old manfrom Hanover Park was sentenced to 100 yearsin prison, after he was convicted for the rape ofhis niece. The Cape Flats man who cannot benamed to protect the identity of the victim, willnow spend the rest of his life in prison.The successful prosecution was achievedas a result of a combination of factors whichstrengthened the state’s case. These includedthe eight witnesses who testified for the Stateand the sterling work done by the InvestigatingOfficer. The accused was found guilty and wasconvicted on four counts of rape. The magistratehanded down a sentence of four life termswithout the possibility of parole. His name hasalso been included in the national list of sexoffenders.The accused was the victim’s uncle and thereforeno stranger to the victim and her family. In 2009,the accused stayed with the victim’s family, intheir home in Newfields, Hanover Park. At thetime the victim’s parents were separated and theaccused assumed a fatherly figure. Immediatelyafter the incident had occurred, the victim’ssister saw her running from a room in the houseinto the bathroom while pulling her pants up. Thevictim’s sister called her to a neighbouring houseand the victim confirmed that her uncle hadtouched her inappropriately but no penetrationhad taken place. The victim’s father immediatelyhad his brother removed from their home.Two years later, the accused returned to stay atthe family home on the request of his brother,who at the time was terminally ill. The victim,now only 13 years old, was once again subjectedto inappropriate behaviour and repeatedly rapedby her uncle. However, in her statement shewas only able to remember four occasionswhen rape occurred. The first time that shewas raped, she did not scream nor tell anyoneabout it, as the accused had threatened herwith an axe. All of this came to light when thevictim’s mother noticed that she had stoppedmenstruating. She was taken to a doctor for anexamination during which she confirmed thather uncle had been raping her. Four months afterthe initial examination, it was discovered that thevictim was three and a half months pregnant.Eric NtabazalilaAn abortion was performed which was not onlya painful procedure but also very traumatic forthe victim. Justice was finally served when theaccused was arrested, charged with four countsof rape, denied bail, convicted and sentenced toa life imprisonment for each count of the rape.This is a bitter-sweet victory for the family aswhilst justice has been served, the road aheadfor the victims of rape is often riddled withsevere emotional and psychological trauma.The victim is still struggling to cope, experiencingnightmares, has become aggressive, dissociated,despondent and has difficulty trusting males.The impact of the continued rape is so severethat individual counselling has not helped andshe will now undergo group counselling.Commentary byAdvocate Renee UysThis case was disturbing because thecomplainant was a child who had a loving familyand became a victim of a family member’sdegrading and repulsive behaviour. Even thoughthe complainant was deaf in one ear and aslow learner, she led a happy life until the rapeoccurred. She grew up in a house where shewas taught to respect her elders and hence shedid not report the rape immediately. Amongstthe challenges that I was confronted with in thiscase, was the fact that this incident occurredover a period of time and thus had to decidehow many charges to put forward, taking intoaccount which rape the victim remembered wellenough to present as evidence to the court. Theconsultation with the complainant was difficultbecause she could not hear well, had to bespoken to in simple language and she was verytraumatised by her experience.The defence made no admissions in the case.The trial lasted a year and because of an errorin writing down seal numbers by a doctor inthe medical chain evidence, the DNA evidencewas excluded. This was a serious blow to theState’s case as the only evidence I had, wasthe complainant, who was a child of 13 yearsof age and the J88 Medical Report. It was achallenge leading her evidence but the courtdecided that she was a good witness and theNPA Performance September/October 20137Ensuring prosecutions without fear, favour or prejudice

NPA Performance September/October 2013defence could not break her down during thecross examination. The defence was shown tobe improbable during cross examination.The sentence proceedings were very strenuousas the magistrate had never previously givenanyone a life sentence. I had to present duringthe trial recent case law and victim impactreports to convince the court to give the accusedfour life sentences - one for each count of rape.This case has taught me that patience,dedication and going the extra mile is the onlyway prosecutors can secure heavy sentencesand ensure that criminals are forced to takeresponsibility for the immense long termnegative impact their actions have, not only onthe victims but also on their families.First SARS Official convicted ofracketeering and money launderingEric Ntabazalila8The NPA in the Western Cape achieved anotherfirst when Edmund Fredericks became the firstSARS employee to be convicted and sentencedto 15 years direct imprisonment in the WesternCape High Court, on charges of racketeering andmoney laundering in South Africa.The case against the accused emanated froma racketeering enterprise devised and managedby Fredericks and his uncle, Aaron Carelse.Carelse was also sentenced to 15 years directimprisonment. The two were convicted oncontravention of Section 2(1)(f) of Act 121 of1998: Managing an enterprise through a patternof racketeering; contravention of Section 2(1)(e) of Act 121 of 1998: Participating in anenterprise through a pattern of racketeering; andcontravention of Section 4 of Act 121 of 1998:Money laundering, fraud and forgery.The court imposed a sentence of 10 years directimprisonment on the racketeering charges anda further 15 years direct imprisonment on thefraud/forgery charges on each of the accusedand ordered the sentences to run concurrently,resulting in an effective 15 years directimprisonment for both accused.Fredericks and Carelse utilised two separatestrategies to defraud SARS - one involving VATand the other Income Tax. Fredericks used hisintimate knowledge of the systems within SARSto create inter alia duplicate profiles of registeredtaxpayers and changed their banking details.“The sentences are of a serious nature. EdmundFredericks was in a position of trust with SARS.The VAT and Income Tax scam was well plannedand executed over a period of time. He wastrained by SARS and knew SARS systems toan extent that he was relied upon by his teamleader to provide training to his colleagues.He however decided to use his knowledge todefraud SARS. When his modus operandi toclaim false VAT refunds was detected by SARS,he merely changed his modus operandi to focuson false Income Tax claims. A clear messageneeds to be sent to the public that the practiceof employees defrauding their employers shouldstop.”Unsuspecting friends were also manipulated intoopening legitimate bank accounts whereafterthe accused would retain their bank cards andEnsuring prosecutions without fear, favour or prejudice

subsequently withdraw amounts electronicallyfrom these accounts.The VAT scheme involved the creation offictitious entities and the submission offalse documentation to claim refunds. Theracketeering scheme managed by Fredericksand Carelse resulted in actual prejudice to SARSamounting to R1.3 million.Sentencing the two accused, Judge John Dlodlosaid, “The sentences are of a serious nature.Edmund Fredericks was in a position of trust withSARS. The VAT and Income Tax scam was wellplanned and executed over a period of time. Hewas trained by SARS and knew SARS systemsto an extent that he was relied upon by his teamleader to provide training to his colleagues.He however decided to use his knowledge todefraud SARS. When his modus operandi toclaim false VAT refunds was detected by SARS,he merely changes his modus operandi to focuson false Income Tax claims. A clear messageneeds to be sent to the public that the practiceof employees defrauding their employers shouldstop.”The two were arrested after an extensive andsuccessful Prosecutor Guided Investigation,managed by Advocate Rene Hindley of theSpecialist Tax Component in the DPPWestern Cape. The prosecution team alsoincluded Advocate Margot Jacobs who assistedAdvocate Hindley and ensured that the trialand sentencing proceedings were finalised on23 May 2013. Advocate Hindley was appointed tothe Magistracy during the course of the defencecase resulting in Advocate Jacobs seeing thecase through to its final conclusion.This case is a prime example of excellentproject management and co-operation by theprosecuting team and the relevant stakeholders,including the investigators at SARS, the SARSand the administrative staff within the SpecialistTax component. Staff often worked late hoursto prepare for the case and to ensure thatcourt time was not unnecessarily lost, due tounreasonable delays. It was a difficult task toplan the consultations with the multitude ofwitnesses and to ensure that their attendanceat court ran smoothly. As a result of properplanning, court hours were utilised to the fullestand the trial was finalised in the Western CapeHigh Court in a relatively short space of time,considering the magnitude of the case.NPA Performance September/October 2013Commentary byAdvocate Margot JacobsThe successful prosecution was as a result of theexcellent teamwork between the prosecution,the police and SARS Criminal investigators. Theteam was well supported by the administrativestaff of the Specialist Tax Component. This jointeffort resulted in the smooth running of the trialensuring that court time was used effectively.Every entity utilised in the commission of thecrime had to be investigated and the linksbetween the different entities and the accusedhad to be established, in order to show thatthese were not individual crimes committed, butthat it was part of a well-planned and organisedfraud scheme. If the offences in relation to eachof the entities were treated and tried separately(because of misjoinder issues), the PresidingOfficers would not have been able to see thescheme in totality where the charges would havebeen less serious and the accused would havereceived a lesser sentence than that meteredout to them.Charging the accused with racketeering chargeswould not only overcome the misjoinder issues,but would also ensure that the court sawthe bigger picture of how the main accusedplanned and executed this fraudulent scheme,amongst others, by abusing the position of trustwith SARS. Authorisation for a prosecution onracketeering charges was thus requested andobtained.This is the first time an accused who wasworking in SARS at the time of the commissionof the offences was convicted and sentenced onracketeering and money laundering charges.This case and the subsequent sentence imposedis very important in sending out a strong clearmessage to current SARS employees as well asex-SARS employees, who have knowledge ofSARS systems, not to abuse such knowledge inundermining the SARS systems.We trust that the sentence in this case will serveas a deterrent to any present or ex-SARS official,to refrain from abusing such acquired knowledgeof SARS systems and crime in general.9Ensuring prosecutions without fear, favour or prejudice

Know your npa strategicobjectivesNPA Performance September/October 2013The five year Strategic Plan for the NationalProsecuting Authority (NPA) is informed bythe government’s priorities and in particularthe Refined Justice, the Crime Prevention andSecurity (Refined JCPS) Delivery Agreement,which sets out the priorities for all JCPSdepartments. The aim of government is toensure that these mandates are translatedinto clear outcomes with the intent to improveservice delivery to all South Africans.The NPA, as Programme 4 of the Departmentof Justice and Constitutional Development in aneffort to improve, modernise and strengthen thework of the Criminal Justice System (CJS). Byworking with its CJS partners, the NPA strivesto address inefficiencies in the system, such asunnecessary delays, and to ensure improvedcollaboration with the partners.Strategic Plan and AnnualPerformance planThe NPA Strategic Plan 2013-2018 focuseson strategic outcomes oriented goals for theNPA as a whole, and objectives for each ofits main service delivery areas, aligned to therefined JCPS Delivery Agreement. The StrategicPlan therefore, lays the foundation for thedevelopment of the Annual Performance Plan(APP) for the organisation.The NPA APP stipulates what the NPA intendsto do in the forthcoming financial year and duringthe Medium Term Expenditure Framework(MTEF) to implement the Strategic Plan. Thefocus of the NPA APP is on setting strategicobjectives, performance indicators and targetsfor the NPA. The Business Unit’s (BUs) APPsare all aligned to the NPA APP, to ensure thatthe BUs are working collaboratively to achievethe organisational targets and to facilitate therealisation of the NPA’s goals and objectives asset out in the Strategic Plan.Strategic ObjectivesThe following are NPA Strategic Objectives:• Increased successful prosecution of seriousand priority crimes.• Improved collaboration with JCPS partners.• Reduced corruption.• Improved the justice services for the victimsof crime.10Salome Baloyi, Senior Manager: Strategy and EnterpriseRisk ManagementSalome Tau, Senior Manager: Enterprise PerformanceManagementEnsuring prosecutions without fear, favour or prejudice

Rapist sentenced to lifeimprisonmentA 14 year old epileptic, was sexually abusedby her mother’s boyfriend in Maclear, 2011.Theaccused, Lungisani Mdliki a 34 year old male,was supposedly in love with the victim’s motherand she spent many nights with her boyfriendwhile the victim together with her brother andsister slept alone in their home.On the night of 9 September 2011, the accusedinformed the mother of the victim that hisgrandfather is a traditional healer and will be ableto cure the victim of her epilepsy. He suggestedthat they go that very same night to her houseto fetch the victim so that they could leave earlythe next morning to visit the sangoma. At about11:00 pm that evening they fetched the little girlfrom her home and made her sleep on the bedwhile the adults slept on the floor as this was aone roomed house. The victim was still asleepwhen she realised that there was someone elsein bed with her. She screamed, trying to wakeup her mother but the accused ordered her to besilent. Her mother heard her and tried to rescuethe victim, however she was violently stoppedby the accused who threatened to stab and killher with two big knives that he had. He rapedthe victim and the mother was unable to helpher crying child for fear that the accused willresort to violence.At some point during the night, the victim askedto go and urinate. The accused showed her abucket to urinate in and when she returned theaccused wanted to rape her again. When themother stood up to rescue her child, the accusedwrapped the mother in a blanket and threatenedto kill her if she removed the blanket or tried tohelp her daughter.While the accused was raping the victim, themother tried to assist her daughter but to noavail. He continued raping the victim until thenext morning. The following day he released thevictim and her mother however the incident wasnot reported to the police.Three days after the incident occurred anothersister of the victim arrived and noticed that thetrousers that the victim was wearing were bloodstained. When she enquired as to how this hadhappened the victim narrated the entire storyto her. She confronted her mother on why theincident was not reported to the police, and hermother who was under the influence of alcoholsaid that it was none of her business. That samenight the accused returned to the home of thevictim seeking out the sister and wanting to rapeher too.He was unable to enter but broke a window andthreatened everyone in the house. He refusedto leave unless the sister gave him a kiss andTsepo Ndwalazaeven when she obliged he refused again untilthe mother left with him.It was only after the two of them left that thevictim and her sister went to the police station toreport the case. The accused was then arrestedin his house. The victim was seen by a doctor andblood samples were taken for DNA testing. Theblood samples of the accused were also sent tothe laboratory. The results came back not linkingthe accused to the victim due to the fact that notenough male semen was found in the crime kitof the victim to compare with the blood sampleof the accused. The doctor testified that thesperms could have been washed away as thevictim was brought to him days after the incidenttook place.Never the less, the accused was sentencedto life imprisonment as the court found thathe had no respect for the rights of the victim,rights which are entrenched in Section 28 of theConstitution.Commentary byAdvocate Siphiwo JikaI was relieved that the accused was convictedand sentenced in this manner. He behavedlike he owned the family of the victim and didas he pleased with them. He did not see thewrongfulness in his actions, namely raping ayoung child in the presence of her mother. Itappeared to me that the rape was premeditated.The next day there was no talk of him taking thechild to a traditional healer. There was definitelya sense of relief on the part of the victim whoalways asked in court when she was subjectedto cross examination why did the accused dothis to her. I believe that it was during the trialthat she realised how serious this act was on heras a human being. Her dignity has been restoredby this sentence although the incident will livewith her for the rest of her life.Ensuring prosecutions without fear, favour or prejudiceNPA Performance September/October 201311

Racketeering sentencingTsepo NdwalazaNPA Performance September/October 2013The Port Elizabeth High Court sentenced PeterRoberts and four others in a case of racketeeringon 01 March 2013. It is alleged that in 2009,a truck which was travelling to Mozambiquewas swooped on by members of the lawenforcement agencies of South Africa near theLebombo border post. Two of the accused werearrested having admitted that they were carryinga load of abalone, hidden in a false compartmentin the rear roof of the truck.It was later established that Peter Roberts andhis wife, Caroline Roberts were the mastermindsbehind this operation and worked closely withJonathan Nel and Johan Nel. They participatedin the racketeering enterprise over a period ofseven years. It is alleged that Peter Robertswas responsible for possession, dealing andexporting of abalone from the Eastern Cape toMozambique during this period.It is also alleged that all the accused in this matterresided in the Port Elizabeth area and were wellacquainted with its surrounding coast line, oneof the few natural habitats of abalone. It was alsostated that the investigations conducted by thelaw enforcement agencies under the code nameProject May resulted in the arrest and convictionof this highly sophisticated enterprise.This enterprise is also alleged to have smuggledtons of abalone between 2005 to 2009. Allthe law enforcement agencies involved in thisoperation were relieved when the sentencewas imposed on 01 March 2013 in the PortElizabeth High Court. Accused 1, Peter Robertswas sentenced to an effective 18 years and hiswife was sentenced to 3 years suspended for5 years. Accused 4 was convicted on Count 9and was sentenced to 18 months imprisonment.The NPA would like to commend the team ofprosecutors for their excellent work in thismatter as well as the other law enforcementagencies for their hard work in making sure thatjustice was served. Advocate Martin Le Rouxand Advocate Zelda Swanepoel represented theState in this matter and Judge Dayalin Chettyhanded down the sentences.Commentary byAdvocate Zelda SwanepoelThis was the first prosecution of a racketeeringcase that I was involved in, so it was a learningcurve for me. Thanks to the team effort betweenmyself and Martin le Roux. Difficulties in thiscase included the fact that the investigation hadbeen done from Gauteng and we were onlyapproached at the prosecution stage, after anapplication for centralisation and the racketeeringauthorisation were obtained in Gauteng. Wehad to apply for an amendment to the originalauthorisation to lead the evidence relating tomonitoring and interception of phone calls anddealt with the practical implications of dealingwith this evidence in court. We dealt with theevidence of several Section 204 witnesses andalso had issues regarding privilege. It was anexciting and challenging experience!Advocate Martin Le Roux andAdvocate Zelda Swanepoel fromOrganised Crime in Port Elizabeth12Ensuring prosecutions without fear, favour or prejudice

Brutal murder of a four month oldbaby & her mother’s rapeThe Makhanda brothers have been slappedwith two life terms and 18 years each after theywere convicted of kidnapping, murder, rape andattempted murder in the Mogwase Circuit Courton the 3 th September 2013 by Judge SamkeloGura. Mandisi Makhanda received life sentencefor murder, 12 years for attempted murder and sixyears for kidnap while Simphiwe Sira Makhandareceived life sentence for murder, life sentencefor rape, 12 years for attempted murder and sixyears for kidnap respectively.On 22 September 2012, the father of thedeceased went to the tavern to buy some drinksand leaving the child and his girlfriend at home.He found Mandisi Makhanda and Simphiwe SiraMakhanda and the third suspect who is still onthe run by the name of Fire at the tavern.Mandisi Makhanda and Simphiwe Sira Makhandaare brothers and the father of the deceased isa close friend of Simphiwe Sira Makhanda. Herealised upon buying drinks and leaving thetavern that Mandisi Makhanda was followinghim and he picked up a fight with him but wasbeaten.The father of deceased went to Mfidikwe areawhere he received a call from his girlfriendinforming him that she has been kidnapped byMandisi Makhanda, Simphiwe Sira Makhandaand Fire with the child and they are looking forhim. He went back to the house looking for hisgirlfriend and the child, even to the open fieldbut could not find them. He then slept andthe following day he discovered the gruesomeslaying of his child with his girlfriend still alive butunconscious in an open field.The court found that the three killed the baby bybashing her head against the rock in a full viewof its mother after raping her, stabbing her morethan 10 times, slitting her throat and trying togouge her eyes out. They left the woman to diein an open field but she survived.When Judge Samkelo Gura sentenced theaccused person he made mention of the factthat the murder was savage and the attemptedmurder was brutal.He further mentioned that it was his first timein his entire judicial experience that he presidedover such a brutal murder of a 4 months oldbaby. He hoped that this will be the last time.He referred to the post mortem report thatindicated that the child’s skull had multipleFrank Lesenyegofractures which corroborated the mother whenshe testified that the child was grabbed by thelegs and his head was hit against the rock, hesaid.Khasho spoke to Adv DitabaRantsane and this is what he had tosay about the case:How do you feel that this case is nowfinalised?There is a huge public outcry in South Africaregarding the violence against women andchildren. I therefore felt that I am duty-boundto restore the confidence of the public to ourcriminal justice system. I am happy that theperpetrators were brought to book. The fightagainst crime is continuing.What was your position during the trial?Dealing with this case was like a walk in thepark. There was overwhelming evidence againstthe accused, ranging from eyewitnesses toscientific evidence. There was a delay in finalisingDNA evidence and I exerted a lot of pressure onthe Forensic laboratory which eventually yieldedpositive results.Any lessons learnt as you move forward todeal with other cases?You may have overwhelming evidence, but youstill require skill to present it before the court.Skillful presentation of evidence enables thecourt to trust the evidence and convict withoutquestioning any piece of evidence. The evidencewas presented in such a way that the courtcalled it a spider web - the way it was fitting wellto each other.Ensuring prosecutions without fear, favour or prejudiceNPA Performance September/October 201313

14NPA Performance September/October 2013Good samaritan killed by ahitchhikerBudiki Semho from Kuruman who workedat Black Mountain Mine in Aggeneys wassentenced to 22 years in prison for killingMatswe Lokailwe and a further 12 years forrobbing him of his vehicle.Budiki confirmed that he knew Lokailwe welland that he usually asked for a lift from him. Hefurther admitted that as Lokailwe was removinghis bags from the car at the spot where he was tobe dropped off, he hit him with a wheel spanneron the head and wrapped a T-shirt over his headto ensure that he did not regain consciousness.What started as a helping hand for a ‘homeboy’ended in a nightmare for the Lokailwe family.Matswe Lokailwe’s wife raised the alarm aftershe was unable to contact her husband foralmost two weeks since his return to the mineafter the Easter holidays. Eventually the familyreceived a message from his supervisor at themine that Lokailwe and his car were missing.Fortunately, the uncle of Lokailwe rememberedthat he saw a similar vehicle transporting peoplein Kuruman. The vehicle was tracked, howeverthe number plate was missing. The licence diskwas confirmed and Budiki was arrested, andlater confessed to that he had killed Lokailweand dumped the body in the bush near Pofadder.On 12 May 2011, Budiki Semho accompaniedsenior police officials to the area where hedumped the body. After a police search of thearea, the badly decomposed body of MatsweLokailwe was found.Commentary byAdvocate Jacques RosenburgThe only evidence against the accused was thepossession of the vehicle and a statement madeto the victim’s brother and the accused pointingout the area in which the body was found. Theaccused had also made a statement to theInvestigating Officer in which he said that hewas threatened by another person to participatein the crime.During discussions with his lawyer when thematter was on the roll for trial, it was indicatedthat the accused will stick to his story. This was abig challenge because it was one’s word againstthe other. He also denied making a statement tothe brother.Mashudu MalabiThe biggest challenge was commencing withthe proceedings, as the accused did his best todelay the process. First, he fired his advocatethat was appointed by Legal Aid, on the day ofthe trial because he wanted to appoint his ownlawyer. On the next date of the trail, he had nolawyer. The case was once again postponedand Legal Aid was requested to have a lawyeravailable for the next appointed court date.On 13 May 2011, the accused only decided tomake use of the Legal Aid lawyer when thetrial was about to start. Just before the Judgeentered the court, the accused informed hislawyer that he would rather plead guilty. Thecase then stood down for the preparation of theplea. The state was not satisfied with the initialfactual basis of the plea. The defence initiallyrefused to change the facts and said that it willread the statement into the record and the statemust prove that it had a case. This was a problemdue to the unavailability of some witnesses.Eventually amendments were made, followingthe engagements between the defence and thestate.The accused was finally convicted and a justand fair sentence was eventually imposed. Thestate asked for life imprisonment by arguingamongst others, that the accused robbed andkilled someone who was well known to him,who shared a friendship of more than 20 yearswith his father, and who was doing him a favour.The younger brother of the deceased was alsocalled at the trail to inform the court about therole of the deceased in the life of his siblings, aftertheir parents had passed away in the early 80’s.The deceased not only supported his extendedEnsuring prosecutions without fear, favour or prejudice

family financially, but was also the parent figurein the family. His brother testified that the crimehad robbed their family of its head. The widow ofthe deceased, who was too emotional to testify,said that the finalisation of the matter will bringsome closure to the family and allow them tomove on.This case reminds us of the value and importanceof life and family, and about leadership andresponsible behaviour in our families and thegreater community. The deceased was also wellrespected in Aggeneys, not just as an employeeat the mine but also in the community. This isevidenced by the fact that people often stoppedthe Investigating Officer on the street and evenphoned him at night just to ask about the case.The negative side is that the crime always has anadverse impact on our families and communities.As prosecutors, we must at all times be awareof the importance of the work we do, because itis more than just finalising cases and increasingconviction rates. It is also about trying to meteout justice, and mending broken families andcommunities.“Operation Clean Audit”Did you know the Npa applies the 8-week rule on Sick Leave?NPA News September/October 2013In terms of the current sick leave provisioning forthe Public Service as contained in the Directiveon Leave of Absence for the Public Service,employees are entitled to 36 working daysnormal sick leave with full pay over a three yearcycle. If an employee applies for three or moresick leave days, she/he must submit a medicalcertificate, citing the duration of the absence,from a registered and recognised practitioner.However, in instances where a pattern in theutilisation of normal sick leave is established,a certificate may be required for absence ofless than three working days. The NPA policyalso requires that an employee must producea medical certificate if absent before or after apublic holiday or weekend.Since the implementation of the abovementioneddirective, it has become evidentthat managers and supervisors are strugglingto manage the intermittent use of normal sickleave. It also became evident that the obligationplaced on an employee to submit a sick certificateonly when absent for three days or more is notsufficient to prevent abuse.A tool is now available to assist managers andsupervisors in the management of sick leaveutilisation, which is referred to as the 8-weekrule as contained in Chapter 3, Section 23 (1) ofthe Basic Conditions of Employment Act, 1997(BCEA).This provision stipulates that (a) an employer isnot required to pay an employee if the employeehas been absent from work on more than twoconsecutive days, or (b) on more than twooccasions during an eight-week period, andupon request by the employer, does not producea medical certificate stating that the employeewas unable to work for the duration of theemployee’s absence on account of sickness orinjury.With due consideration to the above, theMinister for Public Service and Administrationtherefore, determined in terms of Section 3 (3)(c) of the Public Service Act, 1994, as amended,in the leave determination, that:An employee in his/her first 36 days normal sickleave period, who has been absent from work onmore than two occasions during an eight weekperiod, must, regardless of the duration of thesickness or injury, submit a medical certificatestating that the employee was unable to workfor the duration of the employee’s absence onaccount of sickness or injury, failing which, suchleave will be covered by normal vacation leave(with the employee’s consent) or alternativelyunpaid leave.The 8-week shall be a calendar period and shallcommence on the first day of an employee’sabsence due to sickness or injury. Anysubsequent day/s of absence due to sicknessor injury after the above-mentioned period mustthen be regarded as the first day of the next8-week period.Example: If an employee is off sick on 25 March2013, this is then the start of the 8-week period.If the employee is again off sick on the 2 April2013, this is the second time off sick in an 8-weekperiod. If the employee is again off sick on the17 May 2013, this is then the 3 rd time in an 8-weekperiod, which means it is more than twice in an8-week period and the employee must submit amedical certificate for this absence, irrespectiveof the number of days. If a medical certificate isnot submitted then this day of absence shouldbe covered by vacation leave or unpaid leave.15Ensuring prosecutions without fear, favour or prejudice

Profiling of the npa Internal AuditBasetsana Mothlamme16NPA News September/October 2013The NPA Internal Audit is an independentassurance function established in terms ofthe Public Finance Management Act (PFMA)to provide the management and the AuditCommittee with assurance and advice on theadequacy and effectiveness of governance,performance, risk management and internalcontrol processes within the organisation. TheInternal Audit function is guided by a charterapproved by the Internal Audit Committee andperforms its functions as provided for in thePFMA framework and internal standards for theProfessional Practice of Internal Auditing.Every year the internal audit, in consultationwith the management prepares a three-yearrisk – based strategic rolling plan and an annualoperational plan which are approved by theInternal Audit Committee and serves to direct thefocus and efforts of the internal audit function.Malindi Godfrey Nthakheni, Senior Manager: Internal AuditThe Head of Internal Audit reports functionally tothe Audit Committee and administratively to theAccounting Officer/Chief Executive Officer. Theinternal audit of the Department of Justice andConstitutional Development is also responsiblefor the National Prosecution Authority.The internal audit function of the DoJ&CD and theNPA currently comprises of 154 staff members.A dedicated team of 16 staff members led byMr Malindi Godfrey Nthakheni was assignedspecifically for auditing the NPA’s nationaloffice and regions, excluding courts.The objectives of the internal audit are as follows:• South Africa is a constitutional democracyin which values of good governance,transparency and accountability are to bepromoted.• To enhance a positive image of the NPAwith regard to performance and financialmanagement practices.• To assist management in inspiring confidencewithin the NPA regarding the state ofgovernance and management practices.The function of the internal audit differs fromthe external audit or the Auditor-General withregards to the following:• The Auditor-General reports to Parliamentwhereas the internal audit reports to the NPAmanagement and Internal Audit Committee.• The internal audit serves as an overseer tothe NPA, in that the unit is the eyes and earsof management and serves as a dashboardthrough which management appraises theadequacy and effectiveness of controls andmeasures to mitigate risks.• The internal audit partnered and collaboratedwith management during the past few yearsin addressing challenges that pertained tothe audit qualifications. It was a long journeywhich involved a lot of hard work leading toan improved audit environment that requiresall of us to continue to strengthen ourcollaboration and partnership to ensure thatthere is no regression.• Internal audit will continue to provide supportto the management to ensure that thebroader objective of a safer South Africa isrealised.Recently, Khaso conducted an interview withthe Chairperson of the Internal Audit Committeeas detailed below:What does your job entail?As a Senior Audit Manager, I am responsiblefor the NPA audits under the guidance andmentorship of the Chief Audit Executive, Mr MaxBudeli. My main duties can be summarised asfollows: managing audit teams to deliver endto end audits, including the scoping, executionand reporting of each audit and an ongoinginteraction with the business, in relation toaction plans to address any control issuesraised; developing and mentoring the auditteam, coaching and providing feedback, settingtasks and challenges to ensure that the auditsadd value and personal improvements are made;providing independent opinions on risk andcontrol environments in specific business unit orprocesses; and engaging proactively with theexternal auditors to ensure proper coverage andto minimise duplication of work.Ensuring prosecutions without fear, favour or prejudice

What challenges do you face in excecutingyour job?We have highly motivated and dedicated teammembers that always go the extra mile in tryingto deal with the various challenges that confrontus. Budget constraints and human resourcesare major challenges that negatively affect theexecution of the internal audit plan. In the fieldof the internal audit, especially in the publicsector, when officials acquire a certain level ofskill, they move to other environments and as aresult, it is rare to have a full staff complementfor a three month period. The issue of the budgetcontinues to remain a challenge, particularly inlight of the current economic challenges facedby our country.What did the NPA do to ensure a cleanaudit?There are so many contributing factors that l canthink of, from changing the tone at the top andalso the change of time. However, the followingstand as major contributing factors in my opinion:• Change of attitude by management towardsboth Internal Audit and External Audit inaddressing issues timeously, more especiallyroot causes.• The partnership between Internal Auditand management has also matured, andmanagement now sees Internal Audit as abusiness partner instead of been seen as thepolice.• Management has also realised that it is in theirinterest to run a well governed organisation.• The continuous review for the implementationof the audit action plan and the consistentmonitoring by management and our team.• The level of compliance with relevantprescripts was previously not up to therequired standard however the emphasis bymanagement on dealing with issues ensuredthat the NPA obtained a clean audit opinion.What measures are in place to ensure that a“clean audit” is maintained?The suggested measures will be for the processowners to ensure that:• The compliance with the PFMA, TreasuryRegulations and its practice notes is theresponsibility of all employees and notonly the officials assigned to Finance andProcurement.• Refrain from processing transactions thatyou lack knowledge of, even if it is justto complete an S&T, rather seek advicefirst. Also seek advice when encounteringdifficulties on the interpretation of circulars,policies, prescripts, etc.• When shortcomings are identified by theassurance providers in their respective areas,they should ensure that the suggestedmanagement action plans are implementedin addressing the root causes so that thereis no recurrence. Challenges identified inthe management forums and monthly/orquarterly reports by the relevant stakeholders,that would negatively affect an audit report,should be timely addressed before the audits;• Reporting on performance information isadequate and should be useful, reliable andcompliant with the reporting requirementsand that evidence is verifiable.Management should always stay focused andcontinue to make use of the services of allassurance providers, including, internal audit. Ifwe partner and collaborate together, we can domore.NPA News September/October 2013Internal audit team17Ensuring prosecutions without fear, favour or prejudice

About the Directorate:Organisational Development18NPA News September/October 2013The Directorate Organisational Developmentis a key component within the ChiefDirectorate: Human Resource Managementand Development and is headed by Ms. MarciaMalope. This directorate is responsible for thefollowing functions within the NPA:• Design and maintain the organisationalstructure.• Maintain the post establishment.• Manage the process of Job Evaluation.• Manage process design improvements.Design and maintain organisationalstructure: The directorate is responsible fordeveloping, implementing and maintaining theorganisational structure that is aligned to theorganisation’s strategy. This is done throughconducting work study investigations andproviding advice to management on the bestorganisational compositions of business units inorder to enhance efficiency and effectiveness.Work study entails, amongst others, determiningand define organisational/component functions;design optimal organisational structures;conduct work measurement exercise in orderto determine the post establishment anddeveloping job descriptions.Maintain the post establishmentThe directorate further ensures that the postestablishment (number of posts) is updated andaligned to the organisational structure. Duringwork study investigations, work measurementtechniques are utilised to determine the numberof posts required in relation to the nature, extentand volume of work for the different components.It is therefore crucial that the post establishmentis always correct and is a true reflexion of thecomponent’s work load as this has an effect onthe organisation’s personnel budget.Manage the process of JobEvaluationJob evaluation (JE) is an objective processto determine the relative size or weight ofjobs within an organisation. It focuses on thejob content and its demands, and not theperformance of a job holder. The regulatoryframeworks for job evaluation are the PublicService Regulation, 2001 (as amended), NPA JobEvaluation Policy, and the DPSA guidelines anddirectives. For instance, triggers of conductingjob evaluations are processed through newlydefined posts, posts that are on levels 9 andabove and for redesigned posts. This directorateis also required to implement directives andresolutions regarding job evaluation, in relationto the implementation of generic job gradingfor posts that are similar in nature and are crosscutting within the public service.One of the major requirements when conductingJE is job descriptions and the directorateis therefore responsible for facilitatingthe development and maintenance of jobdescriptions for all positions within the NPA.Manage process designimprovementThe directorate is also responsible for managingand conducting process design and mappingto optimise work procedures within the NPAby identifying and eliminating bottlenecks onmethods and procedures in executing work.Business process maps assist the organisationin becoming more efficient.Marcia Malope, Senior Manager: OrganisationalDevelopmentShirley Matsapola, Ponny Mathebula andRika Bosch (left to right)Doreen Mabaso, Nomthandazo Zuke andRelebogile Mashishi (left to right)Ensuring prosecutions without fear, favour or prejudice

New Ntuzuma Magistrates CourtNatasha RamkissonOn 28 May 2013, the Minister of Justice andConstitutional Development, the HonourableJeff Radebe, officially opened the NtuzumaMagistrates Court in KwaZulu-Natal (KZN).The event was attended by several dignitaries,including the Minister of Public Works, TT Nxesi,previous Deputy Minister of Justice, Mr AndriesNel, MEC for Transport Community Safety andLiaison, Mr W Mchunu and Judge President ofKZN, Justice CN Patel. The new Ntuzuma Court,which was established in 1971, is now located inthe new building in Bridge City Boulevard, whichis more accessible to the public.This court is one of the 93 branch courts inSouth Africa and was only re-designated asa full services court in 2012. Prior to this, thecommunity from the surrounding area (Inanda,Ntuzuma and KwaMashu) had to go to theVerulam and the Phoenix Magistrates Courts.This was both costly and inconvenient for thealready impoverished communities.This state of the art court has four regionalcourts (two of which are fitted with CCTV forhearing sexual offence cases), seven districtcriminal courts, four additional courts suitable forhearing family disputes, two civil courts and twosmall claims courts. It also has two maintenancecourts and a domestic violence court. There is anoperational children’s court with waiting roomsand evidence rooms.In his address, Minister Jeff Radebe said,“This branch court is among the first of 24branch courts in the country to be designatedas a proper full service court. The remaining69 will be upgraded gradually. The wide rangeof justice services offered here means that ourcommunities can find recourse on an array ofissues that affect their lives. This in turn will bea foundation to help create safer communities inwhich all people enjoy their constitutional rights.”Taking NPA services to thecommunitiesNatasha RamkissonThe NPA in KZN hosted a service deliveryroadshow at Wadley Stadium in Edendale,Pietermaritzburg. These roadshows form part ofthe NPA’s community outreach plan and involvestaking the services (both government andNGO’s) to outlying and/or impoverished areaswith high crime rates. Edendale was selecteddue to the high number of sexual offence casesthat the Thuthuzela Care Centre deals with on anongoing basis, especially the rape of the elderly.This initiative was attended and supported byvarious stakeholders including the Departmentof Health, South Africa Police Services,South African Social Services Agency and theDepartment of Social Development. NGOssuch as Childline, Lifeline, Challenge for Womenand the Gay and Lesbian Network were alsoin attendance. The Department of Healthalso provided free blood-sugar, pressure andcholesterol testing to the community, whilstSASSA assisted with queries regarding socialgrants and old age pensions. Other stakeholdersprovided relevant information material andengaged with the community on an individualbasis.The NPA table was manned by staff from theEdendale TCC, as well as the Court PreparationOfficers from the Pietermaritzburg MagistratesNPA Events September/October 2013Unveiling the plaque is Minister Jeff Radebe,MEC Mr W Mchunu and KZN Judge President, Justice CN PatelNtuzuma Court19Ensuring prosecutions without fear, favour or prejudice

NPA Events September/October 2013Court who provided information to thecommunity on the TCC, the court preparationprocess, domestic violence and maintenance.Speakers for the day addressed issues ofcrime in the area, especially the rape ofwomen and children and human rights. Thekeynote speaker was Adv Nonhlanhla Dlamini,the newly appointed chief prosecutor of thePietermaritzburg cluster. The event provided aplatform to introduce her to the community andin her speech, she assured the community of theNPA’s commitment in the fight against crime.On 10 September 2013, the National Inter-Departmental Committee held their first CrimeVictims’ Rights Dialogue at Xariep, in the FreeState in the build-up to the National CrimeVictims’ Rights Week (CVRW), that took place on15-20 September 2013. The theme for this year’sevent was “Promote, Empower and SupportCrime Victim’s Rights through Government-Community Partners”The event was well attended by the XariepCommunity to gain more information abouttheir rights as victims of crime. Karen Tewson,the National Coordinator of the Ke Bona LesediCourt Preparation, co-facilitated the dialogueunder the theme “Change Can”, aiming atencouraging victims to tell their stories, whichis in itself therapeutic and allows for a processThis outreach programme was held during theschool holidays and as a result was attended bymany children thus creating the ideal opportunityfor Childline to inform young people about abuse;namely verbal, emotional, sexual and physicalabuse. The Gay and Lesbian Network presenteda drama on hate crimes which focused ondiversity in terms of sexual orientation and howthe community needs to embrace this.The event was hailed a success by thecommunity who expressed their gratitude forbeing able to access government services soclose to their homes.National Crime Victim Rights Week – build-upBasetsana Mothlammeof personal healing, as the JCPS cluster cannotguarantee the outcome of all the court cases.After the session, an elderly lady broke down,speaking out for the first about the abuse herson inflicts upon her. She had been subjected tocontinuous assault and every month he robbedher off her pension. She had never spoken ofthis before, as her son threatened her life, if shewould tell anyone about the incident, especiallythe police.She was provided with the necessary supportand agreed to seek counselling from the socialworker. This was the highlight of the sessionand even though only one victim was helped, itencouraged others who are victims to break thesilence on abuse and speak out, so proper helpcan be provided.AcknowledgementsXariep Community members participating in the dialogue20Editor:Nomilo MpondoNPA CommunicationsEditorial Management:Bulelwa MakekePublished for the NPA by:Shereno Printerswww.shereno.co.zaSend your news and letters toKhasho@npa.gov.zaorfax your stories and information to012 843 2524Ensuring prosecutions without fear, favour or prejudice