The National Prosecuting Authority (NPA) on Monday denied that it mishandled a case where 10 people accused of a spree of bank robberies, which netted over R100-million, walked free from a Mpumalanga court.
The City Press newspaper reported on Sunday that the NPA misquoted its own law in appointing the prosecutor, resulting in the collapse of the case.
In what the newspaper called ”an act of unprecedented amateurishness”, the NPA quoted the wrong sections of the NPA Act when appointing a private prosecutor, George Krause, to act on its behalf.
The NPA Act allows it to appoint people not in its employ to act on its behalf in complex cases under specific sections — but the NPA head in Mpumalanga, Sibongile Mzinyathi, quoted the wrong sections, the report said.
NPA spokesperson Makhosini Nkosi on Monday said the NPA was satisfied that Krause’s appointment was ”above board”.
He said the removal of the case from the roll in Middelburg has been referred to the Pretoria High Court for review.
In the event that the Pretoria High Court sets aside the Middelburg magistrate’s decision, the matter will proceed from the point where it was removed from the roll. In the event that the Pretoria High Court concurs with the lower court, the case will be placed back on the roll and the prosecution will start afresh.
”Therefore, suggestions by the press reports that the accused are free from prosecution are misleading and false,” Nkosi said.
”The NPA also views it as harsh and premature to refer to the incident as ‘an act of unprecedented amateurishness’, especially in view of the pending review of the matter by the Pretoria High Court,” he added.
The 10 accused are Peter Hullet, Adam Maseko, Thetha Hlabathi, brothers Benzile Zwane and Nhlanhla Zwane, Patrick Dube, Michael Jila, Bheki Xaba and siblings Charles Mdhluli and Zandile Mdhluli. Alleged gang leader Monare ”Junior” Selokane is still facing other charges.
They allegedly used grinders and an assortment of weapons to rob banks around the country of millions. This included the robbery of R26,8-million from a Nelspruit bank in 2003.
A police officer and traffic officer in the group would allegedly set up roadblocks immediately after the gang had passed, to slow traffic and any pursuers.
They allegedly got hold of building plans and used grinders, jack hammers and electronic equipment to open bank safes. — Sapa