Convicted fraudster and former deputy director of the National Prosecuting Authority (NPA) Cornwell Tshavhungwa has opened a case of fraud and perjury against his former Scorpions boss, Leonard McCarthy.
Police spokesperson superintendent Seakga Suping confirmed to the Mail & Guardian recently that police were investigating claims by Tshavhungwa that McCarthy, the head of the investigating unit, deliberately lied under oath and misrepresented facts about Tshavhungwa’s dismissal.
Tshavhungwa, due to be sentenced next month after being found guilty of sabotaging an official fraud and corruption investigation into millions of taxpayers’ funds squandered by the Mpumalanga Economic Empowerment Corporation, is challenging his dismissal in the Pretoria High Court.
The NPA fired Tshavhungwa in 2005 after he was arrested on fraud and corruption charges.
The basis of Tshavhungwa’s challenge is that only the minister, not the NPA, has the power to dismiss him. He also accuses the NPA bosses of sacking him without giving him the opportunity to present his case in a disciplinary hearing.
McCarthy, however, insists in his affidavit that the NPA was within its rights and followed proper procedures in firing Tshavhungwa.
‘It must be noted that the applicant [Tshavhungwa] was employed as a deputy director of public prosecutions, a senior position encumbered with a high degree of trust and responsibility. Not only were his duties essential to the proper administration of justice in this country, but his own conduct and demeanour bore on the reputation [sic] and hence the reputation of the system, as is the case for any senior official in such a position of trust and responsibility,†said McCarthy.
He said the decision to dismiss Tshavhungwa was taken during the NPA’s executive committee meeting.
Tshavhungwa told police that he had evidence that no such meeting ever took place and accused McCarthy of lying and misrepresenting the facts to the court.
Tshavhungwa claims the reason why the NPA fired him without a disciplinary hearing was that it had no case against him.
He told the M&G that he had submitted the necessary documents to the police to back up his case against McCarthy.
Approached for comment, McCarthy said the matter was sub judice.