DPP FREE STATE Newsletter

FREE STATE DIVISION

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JUNE 2021

FOREWORD by acting dpp

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s we navigate the complexities and uncertanties around Covid, not only in our personal but also in our professional space, I realised that we are far more resilient than we thought. Throughout these difficult 18 months, prosecutors have never ceased to amaze me by demonstrating fearlessness, dedication and commitment to justice and service delivery.

It is my daily prayer that we all remain safe as we continue our calling as lawyers for the people. Just as much as Covid has thrown us a curve ball, we continue to preserve and produce amazing work. A number of our cases have received national and international coverage.

We are working tirelessly to fill our vacant posts expeditiously as we try to ensure that our division is well run, well-resourced and well capacitated. We also need to ensure that we are ready to fully embrace the fourth industrial revolution otherwise we will be left behind. Technology is going to play an invaluable role in our professional lives and it will certainly make our work easier, particularly the ECMS system which has a huge advantage of reducing data capturing, collection of statistics and the like.

Moreover, we need to ensure that we adhere to four pillars of our organisation: Integrity, Professionalism, Accountability and Credibility, in everything we do.

In recent months, few of our prosecutors have been suspended, arrested and faced misconduct proceedings on various ethical and integrity issues. As we collectively strive to rebuild our organisation, those officials who are corrupt, unethical or com-

promised must know that their conduct will not be tolerated. Our recently concluded Annual Operational Plan placed emphasis on particular crime trends and key priorities in the Free State. We will join hands with our partners and stakeholders to ensure that we work with synergy in order to achieve our collective mandates. Sexual offences, femicide, murders, gang related crimes, high level fraud and corruption remain on the radar. In addition we will focus on training and mentoring all prosecutors because they are our biggest assets.We are a great team and I want to thank and appreciate each and everyone of you for all your efforts and sacrifices. I am delighted to introduce our first ever bi-monthly newsletter. We will feature the prosecutor of the month, interesting cases, showcase your leaders and share ideas and best practices. This is your newsletter, feel free to approach the editor with your contributions.

DPP FREE STATE NEWSLETTER

ANNUAL OPERATIONAL PLAN The DPP Office (Free State) has finalized its Annual Operational Plan, a practical document that defines the financial, physical and human resources that need to be allocated to achieve the organisation’s short-term goals. The strategic focus of the Free State includes increasing the successful prosecution of corruption both in priority cases and by the formation of Cluster Corruption Task teams to address the corruption cases within the general prosecution sphere.

The division is also focusing on serious violent and organised crime, such as Femicide, sexual offences, trio crimes and essential infrastructure. The AFU is also included in all relevant areas, to ensure that the criminals do not profit from the criminal activities.

Two sites have also been identified to focus on Community Prosecutions, Sasolburg and Phuthaditjihaba. They have identified drug abuse as an area that requires specific attention. The utilisation of the Court Preparation Officers and Victim Impact Statements are also seen as major players in the victim centred approach.

We work closely with partners to solve crime and ensure justice. Through improved collaboration with partners within the criminal justice system (CJS) we are striving to increase the number of matters finalised and ensure justice for the victims of crime.

In line with government’s focus on eradicating corruption, we follow a zero-tolerance approach to any corrupt or unethical conduct by staff. Included in the APP is the strategic objective to successfully prosecute personnel from the Justice Crime Prevention and Security (JCPS) Cluster charged with corruption.

Ensuring the recruitment of skilled staff and filling of all vacant posts, while equally attending to the enhancement of the staff morale and wellbeing is also a major focus. The aspirant prosecutor programme is on-going and on track to develop a base from which to up skill and fill the vacancies.

STOP GENDER BASED VIOLENCE

editors Editor: Phaladi Shuping Communications Manager Tel: 0514106000 Email: Pshuping@npa.gov.za www.npa.gov.za

Editor-in-Chief: Adv Navilla Somaru Acting Director of Public Prosecutions

TOP STORY

NPA AND SAPS HOST GENDER BASED VIOLENCE INDABA

Adv Navilla Somaru, Adv. Bonnie Currie-Gamwo, Dibeela Mothupi, Baile Motswenyane

T

he NPA in the Free State together with the South African Police Services organized an indaba that was held at Bobbies Park Sportsground. The purpose of the two-day indaba was to forge partnership with all stakeholders and to discuss and agree on measures and interventions that will assist stakeholders to effectively and efficiently deal with gender-based violence and femicide cases in the province.

The indaba was also an opportunity for the stakeholders involved in fighting gender-based violence to share good practices and see how they can coordinate their resources and efforts to fight the scourge vigorously. The indaba was meant to be a strategic session for all the relevant stakeholders to engage and pledge to implement the existing process to curb the problem The Acting DPP Adv. Navilla Somaru and Provincial Commissioner of the South African Police Services, Baile Motswenyane admitted at the event that the situation in the province with regards to gender-based violence and femicide is so dire that the law enforcement agencies will not fight it alone and they will need to collaborate with broader civil society, churches and non-governmental organizations to help mitigate the problem.

Somaru said South Africa has become a dangerous country to live in because of the high rate of GBV and rape. “People who experience these incidents of GBV are our daughters, sisters, mothers and neighbors. We must fight for justice and this indaba gives us an opportunity to come up with plans to fight it together.

We must ensure that perpetrators face the full might of the law whenever they abuse women and children. We need to reclaim our freedom from all sorts of crime”, said Somaru.

Motswenyane echoed Somaru’s sentiments that all the stakeholders have to work together if they have to competently handle the

scourge of gender-based violence in the province. She requested the attendants to spread the message of GBV whenever they are in the public space so that the victims can realize that there are people out there who are willing to assist. She said one of their challenges is that some of their staff are victims of gender-based violence and they sometimes struggle to assist the victims because of their experiences.

Special Director for Sexual Offences and Community Affairs, Adv, Bonnie Gurrie-Gumwo said part of their strategy is to engage the SAPS on the DNA backlog which sometimes affects finalization of sexual offences cases.

The stakeholders are planning to formulate a Free State Operational plan that will govern how they will deal with cases of gender-based violence and femicide in a coordinated manner.

The Chief Prosecutor for Bloemfontein cluster led the candle light moment dedicated to all those who were killed through gender-based violence. The stakeholders prayed for all the victims of gender-based and a prayer session was led by reverend Mile who is a chaplain for SAPS. Other speakers included the Deputy Commissioner for Commission for Gender Equality, Ms Dibeela Mothupi, Department of Justice and Constitutional Development Senior Legal Officer, Adv Maconi Seitlheko, Ms Tsholedi who is a Chief Director from Department of Education, Ms Motshoeneng from Social Development and lastly Sister Tlome from Department of Health.

Stakeholders agreed that low conviction rate in cases of gender-based violence is a cause for concern across the province and reluctance to report cases of gender-based violence is also a worrying trend with many victims seemingly losing hope in the justice system and they need to regain public trust.

DPP FREE STATE NEWSLETTER

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OTHER NEWS

KILLER BOYFRIEND SENTENCED TO LIFE IMPRISONMENT Godfrey Sani from Theunissen was sentenced to life imprisonment by the High Court of South Africa: Free State Division sitting in Welkom for murder of his girlfriend, Maria Mokhoumathe in November 2019. Mokhoumathe left with Sani on the day of the incident for a sleepover at his home. That was the last time she was seen alive by her two daughters.

The daughters tried to call their mother but her cellular phone was on voicemail. They got worried when they did not hear from her because it was unlike their mother to disappear without making contact. They forced Sani to give them a key to his house two days after their mother’s disappearance.

They took the keys and went to Sani’s house. Upon entering the house, they discovered their mother’s decomposing body on the bed. She was tied with handcuffs and a robe around her neck and legs. There was no sign of forced entry.

State Prosecutor Advocate Tseko Komane presented to the court a network of facts that supported only one conclusion which is Sani killed Mokhoumathe. Acting Judge Collin Nekosie was convinced that the state proved its case beyond reasonable doubt and he sentenced Sani to life imprisonment.

Adv Tseko Komane

TAX MATTERS Ritondeni Luvhengo was sentenced to two years imprisonment after he was found guilty of 24 counts of Contravening the provisions of Tax Administration Act in that he failed to disclose material facts to the Commissioner of South African Revenue Services (SARS).

Luvhengo, who is a Chartered Accountant, submitted VAT returns on behalf of Novel Molefi Construction CC trading as Urban Projects. He submitted zero returns between March 2015 and November 2016 claiming that the company did not trade. Luvhengo was sentenced to another three years after he was found guilty on 24 counts of filing tax returns without the authority of the vendor.

He was sentenced to a total of four years but the sentence was wholly suspended for a period of three years on condition that he is not found guilty of contravening the same section during the period of suspension. The state was represented by Adv. Dickson Sampisi in the matter.

Adv Dickson Sampsi Page

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DPP FREE STATE NEWSLETTER

OTHER NEWS

ASSET FORFEITURE UNIT MATTERS

Adv.Thato Ntimutse, Oddie Mradla and Adv. Bishum Somaru The Asset Forfeiture Unit (AFU) was granted a restraint order of R249 million against Lenah Mohapi, her business, Superior Quality Trading and Seipati Dhlamini who is the former CFO of the Free State Department of Agriculture.

In a joint investigation by the Directorate of Priority Crimes Investigations (the Hawks), overseen by prosecutors from the Specialised Commercial Crime Component (SCCU) and of the Office of the Director of Public Prosecutions in Free State, Mohapi and Dhlamini were arrested in July and, together with Superior Quality Trading, appeared in court in July 2020.

Dhlamini, Mohapi and five Department of Agriculture officials, Mbana Thabethe, Lerato Mngomezulu, Disebo Masiteng, Mokemane Ndumo and Mahlomola Mofokeng are facing 54 counts of forgery, uttering, fraud, corruption and money laundering. All of

them are out on bail.

It is alleged that the government officials gave a number of contracts to Superior Quality Trading, which also trade as Rekgonne Community Projects, even though this company did not attend any of the department’s compulsory briefing sessions.

The company also had a certificate of attendance even though it was not present at the compulsory briefing where these certificates were issued. Between 2012 and 2016, the department is said to have paid more than R244m to the company.

It is further alleged that the director of Superior Quality Trading, Mohapi, paid huge sums of money into account of Dlamini, who was the Chief Financial Officer (CFO) of the department at the time. These payments were disguised as Refund Telkomsa and Medical services.

PROSECUTOR OF THE MONTH Mphakamisi Teki, Sasolburg Regional Court Prosecutor was voted prosecutor of the month for his good performance in May. Teki, who has been a regional court prosecutor for only a year, got convictions on three sexual offences matters and in all three matters the accused were sentenced to 20 years imprisonment.

Each of the matters had its own difficulties as one of the victims was mentally disturbed. Teki continues to build up part heard matters to ensure that finalization rate increases.

DPP FREE STATE NEWSLETTER

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BIDDING FAREWELL

Carel van der Merwe completed his B.Juris and LLM in Human Rights and worked at various Magistrate’s Courts. He started prosecuting in April 1981 and worked in the regional court. He was later promoted to the Attorney General’s Office. He was seconded to be in charge of the prosecutors at the Magistrate’s Court. He was appointed as a Senior State Advocate in September 1991.

He was later appointed as a Chief Prosecutor for Bloemfontein cluster. His post was later translated to that of a Deputy Director of Public Prosecutions (DDPP). He was a DDPP until he went on early retirement at the end of April 2021 after spending 40 years in prosecution.

Adv Carel van der Merwe

Adv Jannie Botha studied law through a bursary from the Department of Justice. He started prosecuting at the Port Elizabeth Magistrate’s Court in February 1987. He later joined the Office of Attorney General in Pietermaritzburg. He became a senior advocate in 1989. He was seconded to Ciskei (Mthatha) before he moved to the AG’s Office in Bloemfontein. He retired at the end of May after spending 42 years in prosecution.

BIDDING FAREWELL TO OFFICIALS WHO DEDICATED THEIR LIVES TO NPA Page

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Adv Jannie Botha

ASPIRANT PROSECUTOR PROGRAMME Aspirant Prosecutor Programme within the NPA entails in service training, which assist law graduates in gaining practical prosecutorial training. The programme runs for 12 months after which the completion thereof enables competent candidates to be appointed at entry-level prosecutorial positions within the National Prosecutions Services of the NPA. The Free State has total of 47 aspirants for 2021 based at three training centres, Bloemfontein, Welkom and Phuthaditjhaba. Bloemfontein has 13 aspirants under Adv. Claudia Matlhoko. Adv. Anna Mokgoetsi is in charge of 21 aspirants in Welkom and TC Motloung is training 13 aspirants in Phuthaditjhaba

DPP FREE STATE NEWSLETTER

ASPIRANT PROSECUTOR PROGRAMME

Bloemfontein Aspirant Prosecutors with their tutor and Chief Prosecutor

Phuthaditjhaba Aspirant Prosecutors with their tutor

Welkom Aspirant Prosecutors with their tutor and Chief Prosecutor

staff gallery

NPA officials at the gender-based violence indaba On the right Candlelight session for the victims of gender-based violence

DPP FREE STATE NEWSLETTER

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staff gallery

Adv Roy Naude and Adv Nqwenelwa Mazwi at the gender-based violence indaba

Brigadier Lekhele, Mr Sello Matlhoko and Adv Joyce Mokoena at the gender-based violence indaba

Welkom Aspirant Prosecutors with their tutor and Chief Prosecutor

ABOVE: Welkom Prosecutors matching against gender-based violence BELOW: Free State Innovation Team

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DPP FREE STATE NEWSLETTER

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