The National Prosecuting Authority (NPA) has formally withdrawn redeployment notices sent to two respected prosecutors after the International Association of Prosecutors (IAP) complained to President Jacob Zuma about the proposed “reassignment” of senior prosecutors.
Prosecutors Retha Meintjes and George Baloyi have been reprieved after being informed by National Director of Public Prosecutions Menzi Simelane that they would be moved to the magistrate’s courts. They were not consulted about their demotions.
Legal sources believe Baloyi might have been targeted because he worked on the Zuma corruption case until the charges were dropped last year. Meintjes, an expert on children’s and women’s rights, is vice-president of the association.
The IAP wrote to Zuma, Justice Minister Jeff Radebe and Simelane to express its alarm at the proposed “reassignment” of senior prosecutors. IAP president François Falletti wrote that the association “notes with concern the reports regarding the reassignment of senior prosecutors in South Africa, including Retha Meintjes — vice-president of our association. This letter serves as an urgent appeal to the South African government and relevant authorities to intervene and ensure that prosecutors are treated fairly.”
Falletti pointed out that Meintjes had chaired an IAP committee that set standards for prosecutors.
The unions believe that up to 16 senior NPA prosecutors have received notices from Simelane, redeploying them to lower courts.
Although the restructuring has now been put on hold following interventions by Zuma and Radebe, the prosecutors have received no written notification that redeployment plans have been dropped.
Manie de Clercq, of the Public Servants’ Association, said the union had entered into talks with the NPA over Meintjes and Baloyi this week.
“We agreed that the reassignment instruction regarding Meintjes and Baloyi is withdrawn until we go back to the bargaining chamber to discuss the NPA’s restructuring plans,” said De Clercq.
Chief state prosecutor André Lambrecht, who refused an order relayed to him on Simelane’s behalf not to oppose bail in rap artist Jub Jub’s drunken-driving case, was redeployed to a lower court. After negotiations between the NPA and the union last month, Lambrecht retained his job.
The IAP’s letters, dated May 11 and May 13, point out that the NPA and the Society of State Advocates of South Africa are among its members.
IAP secretary general Henk Marquart Scholtz also wrote to Simelane, asking him to explain the decision to reassign the senior prosecutors.
“Since we are a non-political association, we have no right to interfere with or challenge the strategic or operational decisions of chief prosecutors within their own jurisdiction,” he said. “However, we cannot help but be alarmed by what has taken place concerning the reassignment of certain individuals within your department, particularly given the recent events concerning your predecessor.”
Former prosecutions boss Vusi Pikoli accepted a R7,5-million settlement after fighting a lengthy legal battle against his removal on the grounds that he was not a “fit and proper” incumbent.
Low morale
The majority of the prosecutors are housed in the National Prosecutions Service, the NPA’s biggest unit, and morale is said to have plummeted since Simelane sent out redeployment notices just three months after Zuma appointed him national director.
Zuma assured Parliament that no further NPA restructuring would take place without consultation. However, there are now fears of a brain drain from the authority.
The proposed NPA restructuring, contained in a five-year strategic plan Simelane presented to Parliament, has been put on hold until the justice, crime prevention and safety cluster strategy is finalised. Radebe has said the strategy must be finalised by July.
The fate of other core NPA units remains unclear. The Mail & Guardian has learned that:
- Staff in the corporate services division, which supports all the NPA business units, are confused about whether they are being moved to the Justice Department. A meeting between the department and corporate services was cancelled last week.
- Chris Jordaan, reappointed head of the specialised commercial crime unit (SCCU) after Zuma and Radebe’s intervention two weeks ago, has been unable to move back into his old office, which was occupied after he was abruptly removed from his post.
The M&G revealed two weeks ago that Simelane had dismantled the unit.
However, an NPA source said: “The egg has been unscrambled, but we’re not sure where our budget now resides. And we’re not certain if putting the SCCU back together again is a temporary move.”
- The dismantling of the sexual offences and community affairs (Soca) unit had been discussed, said NPA sources, but was saved by Zuma and Radebe’s intervention. Soca focuses on crimes against women and children, with specialised prosecutors in dedicated courts.
- Members of the NPA’s witness protection unit were worried that the unit could be transferred back to the Justice Department. But a source in the unit said that “to a large extent we are offered special protection from further restructuring by the Witness Protection Act”.
- The internationally acclaimed asset forfeiture unit was given a reprieve after Radebe intervened to prevent its head, Willie Hofmeyr, from being removed and the unit dismantled.
The NPA’s strategic plan stated that the unit had been disbanded and included as a division of the authority’s regional offices. Simelane later told the M&G that the relevant clause was “an unfortunate drafting error”.
Asked whether Simelane was confident that his strategic plan would be approved, NPA spokesperson Bulelwa Makeke said: “The strategic plan is on hold — It will be revised when cluster strategy is finalised to make sure the NPA is appropriately positioned to contribute most effectively to the cluster outcomes.” — Additional reporting by Adriaan Basson
This article was made possible by funding from the Open Society Foundation for South Africa Media Fellowship Programme.