National prosecutions boss Menzi Simelane had no grounds to strip KwaZulu-Natal Asset Forfeiture (AFU) head Knorx Molelle of his powers and had failed to substantiate any of the charges being investigated against him following his suspension, Molelle says in an affidavit tabled in the Johannesburg Labour Court.
Molelle, who also holds the rank of National Prosecuting Authority deputy director, went to the court last week to seek “urgent relief” in getting his job back after the NPA’s acting chief executive, Karen van Rensburg, suspended him two weeks ago.
But Judge Urmilla Bhoola struck the case off the roll on the grounds that it was not urgent. She made no finding on the merits of the case.
It is understood that Molelle’s legal team will now approach the Labour Court’s judge president, Dunstan Mlambo, to ask for a hearing to challenge his suspension “on an expedited basis”.
In his affidavit, Molelle says he was not given a hearing before being suspended. He adds that none of the three charges being investigated against him has any merit, including that he conducted “remunerative work without permission”. No particulars were given for this claim despite repeated requests for information, says Molelle.
“The only conclusion I can draw is that the respondents admit that I have not engaged in any remunerative work and that this is no longer a ground to suspend me,” he adds.
The other two charges being investigated against him centre on whether he gave permission to the Asset Forfeiture Unit’s risk and security specialist, Terence Joubert, to travel to Kimberley for the court appearance of Gaston Savoi last year, and whether he arranged for firearms from the witness protection unit to be made available to Joubert for the protection of the prosecution team during the Uruguyan’s case.
“The respondents do not deny that the national head of risk and security in the NPA gave permission for Joubert to allocate the investigation team firearms from the NPA’s witness protection unit — (therefore) the third reason for my suspension falls away,” says Molelle in his affidavit.
Terry Motau SC, legal representative for Simelane and Minister of Justice Jeff Radebe, responds in court papers that there is no substance to the allegation that Molelle’s suspension is unlawful and that “the matter stands to be dismissed”.
“It was deemed prudent to suspend the applicant due to, among other things, the fact that there are other employees in the office where he is based, and the suspension was aimed at ensuring that there shall not be any interference with these witnesses.”
But Molelle says the only issue in dispute is whether Joubert’s conduct was authorised. “Apart from me, the only people who can recount what happened are [the unit’s head] Willie Hofmeyr and the national head of risk and security,” he says.
“The only member of my office who has any knowledge of what happened is Joubert. He has been suspended. In light of the above I submit that there is no evidence to suggest that my presence at work will jeopardise any investigation.”
The NPA has handed its investigation into Molelle to the Hawks, which failed to respond to Mail & Guardian questions about the progress of its investigation by the time of going to press.