/ 29 July 2004

NPA ‘merciless’ to all criminals — even its own

The assets of Gauteng deputy director of public prosecutions Cornwell Tshavhungwa were attached by his own colleagues at the Assets Forfeiture Unit on Thursday.

Tshavhungwa is currently in custody following his arrest on June 7 on fraud and corruption charges involving an amount of R1-million.

He has also been suspended.

”This is further an indication that the National Prosecuting Authority [NPA] will deal mercilessly with individuals involved in criminality even if they are our employees, friends or family of our employees,” NPA spokesperson Makhosini Nkosi said.

Tshavhungwa is alleged to have used his position of authority to divert the focus of an investigation by the Scorpions, the NPA’s investigative arm, away from the Mpumalanga Economic Empowerment Corporation (MEEC) and its chief executive officer, Ernest Khosa.

In exchange, a tender by the MEEC was allegedly awarded to Ramcorp Business Concepts, in which Tshavhungwa had financial interests, Nkosi said in a statement.

Tshavhungwa is also alleged to have used his position so that Khosa would get jobs for his wife, Agnes; his brother Justice; and another person, Murial Okafor.

Nkosi said that a portion of the R1-million includes the salary his wife received.

He was initially released on R100 000 bail but this was returned to him and he was taken into custody for allegedly violating his bail conditions by contacting a witness.

In terms of the Prevention of Organised Crime Act of 1998, the state has a right to seize assets that are the proceeds of criminal activities, Nkosi said.

He said when people are arrested they know they are going to lose their assets, so they might sell them or damage them.

Therefore, when criminal proceedings start, a restraining order is obtained prohibiting the sale or damage of their possessions or property.

Because a person is innocent until proven guilty, to protect the value of the goods during the legal process, excess items such as extra cars or television sets are attached and placed in storage until the conclusion of the trial.

The accused is left with basics such as a bed and a stove.

Nkosi added that Tshavhungwa’s duties have been reallocated to other people in his department.

He will return to the Commercial Crimes Court in Pretoria on September 30. — Sapa