Choice of prosecutor in the Mdluli trial questioned

The assignment of Kholeka Gcaleka as state prosecutor in the murder case against crime intelligence boss Richard Mdluli has raised eyebrows.

Last year two senior state prosecutors, Retha Meintjes and Mariana Brits, resigned from the Society of State Advocates of South Africa after Gcaleka, its newly elected chairperson, claimed that the body unequivocally supported the “courageous transformation agenda” of Menzi Simelane, the national director of public prosecutions, and backed Simelane’s controversial restructuring plans.

Gcaleka also came under the spotlight last year when Simelane chose her and two other state advocates to replace advocate Gerrie Nel and his team as prosecutors in the trial of Glenn Agliotti for the murder of mining magnate Brett Kebble and in the trial of Mulangi Mphego, the police’s former crime intelligence head. Mphego was charged with defeating the ends of justice, but the case was eventually thrown out of court.

Confidential letters written by Simelane were leaked to the Mail & Guardian at the time, revealing that he had “personally” decided to appoint state advocates Dan Dakana, Lethabo Mashiane and Gcaleka to prosecute Mphego and Agliotti.

The charges against Agliotti were dropped in the South Gauteng High Court in November last year with Judge Frans Kgomo saying the state had not made a prima facie case.

Some legal sources told the M&G they were surprised Gcaleka had been assigned to another high profile case, this time involving Mdluli, as, according to Khasho, the internal newsletter of the National Prosecuting Authority (NPA), she only started her career as a prosecutor in 2004.

But Mthunzi Mhaga, NPA spokesperson, firmly defended its actions in assigning her to the case. “We have confidence in advocate Kholeka Gcaleka and all our prosecutors who are assigned to handle high profile cases, as they possess the prosecutorial expertise required in dealing with such cases. “In fact there are [other] advocates working with her on the case, namely advocate Deon Barnard and advocate Zaais van Zyl,” said Mhaga.

Thirty-year-old Gcaleka declined to comment, saying she was bound by the policy of the NPA, which did not allow state prosecutors to talk to the media.

Advertisting

South Africa could use a communist party

The SACP is not building socialism, or even social democracy. Sadly, it has become just another party advancing the politics of patronage

Netflix and the smash hit tax dodge

‘The Laundromat’ is a film about corporates and the superrich using tax havens, something the streaming service itself allegedly excels at
Advertising

Press Releases

MiX Telematics enhances in-vehicle video camera solution

The company has launched the gold MiX Vision Bureau Service, which includes driver-coaching tools to ensure risky driver behaviour can be addressed proactively and efficiently.

Boosting safety for cargo and drivers

The use of a telematics system for fleet vehicles has proved to be an important tool in helping to drive down costs and improve efficiency, says MiX Telematics Africa.

Silencing the guns and firearms amnesty

Silencing the guns and firearms amnesty

Gender-based violence is an affront to our humanity

Gender-based violence is an affront to our humanity

UK-Africa investment summit 2020: Think Africa Invest SA

UK-Africa investment summit 2020: Think Africa Invest SA

MTN unveils TikTok bundles

Customised MTN TikTok data bundles are available to all prepaid customers on *136*2#.

The changing role of marketing

Marketing is an exciting discipline, offering the perfect fit for individuals who are equally interested in business, human dynamics and strategic thinking. But the...

Upskill yourself to land your dream job in 2020

If you received admission to an IIE Higher Certificate qualification, once you have graduated, you can articulate to an IIE Diploma and then IIE Bachelor's degree at IIE Rosebank College.