In the latest blow to the beleaguered Scorpions a top state advocate employed by the unit has been arrested on allegations that he fraudulently obtained a South African ID document.
Lehlakano Ramaema’s case could have serious implications, including the possibility that convictions he secured might not stand, one legal expert warned recently.
It has also emerged that the National Prosecuting Authority’s chief executive officer, Marion Sparg, and her deputy, Beryl Simelane, have been put on special leave pending the outcome of the disciplinary process relating to alleged mismanagement of funds and tender irregularities.
The Mail & Guardian has learned that Lesotho national Ramaema joined the Scorpions in 1999 as a senior state advocate. He was arrested by police last week after an investigation revealed that he provided false information to the home affairs department when he first applied for an ID book in 1995.
The investigation also revealed he did not have the necessary qualifications to work as an advocate in South Africa. According to information provided to the Pretoria Magistrate’s Court this week, Ramaema has a BA Law from Lesotho.
Ramaema’s role at the NPA included management of court rolls and inspections, deciding on criminal proceedings of a complex nature, drafting charge sheets, leading and cross-examining witnesses, and addressing courts on convictions and sentences in high-profile cases. He was also responsible for the supervision and guidance of advocates, prosecutors and other stakeholders. As a senior advocate he earned about R300 000 a year.
Praveen Sham, president of the Law Society, said Ramaema’s case could have serious implications for the state. ”The possibility is that if he dealt with criminal cases one would look at whether the convictions can stand. Almost everything he did would be illegal and people might want to take their cases on review.”
Sparg and Simelane took special leave from Wednesday this week to attend to the internal disciplinary proceedings. They reportedly face nine allegations ranging from financial misconduct and misappropriation of funds to contravening the Public Finance Management Act.
The entire NPA management has been under investigation for alleged financial mismanagement and irregularities by the Public Service Commission since 2004, although most of the implicated managers have resigned.
The commission’s investigators have reported to Justice Minister Brigitte Mabandla, but their findings have not been made public.
A Sunday Times report claimed the investigation found irregularities in the awarding of tenders to companies and individuals close to the NPA’s top echelons. It said the probe had fingered Sparg, Simelane, HR head Elize Roos, senior finance manager Khaya Makinana, senior procurement manager Vallabh Bhika and the head of the integrity management unit, Dipuo Mvelase.
Sparg, well known as a former Umkhonto weSizwe guerrilla, was also investigated over her role in the awarding of a R3,2-million tender to a businessman to whom she was close.
Although the justic department drew up a draft charge sheet indicating the implicated officials faced charges of tender-rigging, misappropriation of funds and financial misconduct, NPA chief Vusi Pikoli reportedly said the charges related only to poor administration in the NPA between 2001 and 2003.
NPA spokesperson Makhosini Nkosi did not respond to questions the M&G sent him this week.