DPP FREE STATE Newsletter

FREE STATE DIVISION

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OCTOBER 2021

FOREWORD

by acting dpp

As I took my second dose of the Pfizer vaccine, I reflected with sadness on the millions of people around the world who succumbed to the pandemic, who did not have the opportunity of receiving this lifesaving vaccine in time. We are indeed privileged not only to have survived, but also to have access to vaccines.

United against this virus, we can make a difference to South Africa becoming corona virus free.

I was thrilled to observe the positive response from our staff members who went out in their numbers to vaccinate. Well done to all of you.

On the work front, it’s heartening to observe that despite Covid-19 and all its related challenges, our courts have been running full steam ahead and far as logistically possible.

The following pages will reveal our heroes and heroines who persevered and successfully finalised huge and high-profile matters, confirming that justice and service delivery remains our

DPP FREE STATE NEWSLETTER

FOREWORD priority and will never be compromised. I salute and express my utmost gratitude to all our prosecutors and support staff whose dedication and bravery never cease to amaze me.

I am pleased with the progress we are making in terms of our six months priorities. In addition, our two Chief Prosecutors, Sello Mathloko and Joyce Mokoena have been exceedingly busy and making huge inroads with the Anti-Corruption Task team, the Provincial GBVF forum as well as personally prosecuting high profile cases. Excellent corporation has been received from all the stakeholders as well as the community. SCCU, Organised Crime and General Prosecutions are also on track to meet many of the six months priorities as well as their self-imposed deadlines.

Our High Courts sat uninterrupted throughout the pandemic delivering exceptional performance. Appeals were heard remotely and many witnesses’ testimony were delivered via Teams and Zoom. Arguments and judgements were delivered electronically. We stepped up and embraced the new normal with enthusiam. The recruitment drive is progressing at a steady pace and many of our crucial vacancies, especially at our one-person stations and remote rural areas will soon be filled. This ensures continued access to justice in our most vulnerable and needy communities.

The DOJ connectivity issues has been a huge setback and many of the prearranged training and meetings with the lower court personnel could not take place. I continue to encourage all our staff members to take advantage of the cell phone and data reimbursement scheme.

Let us continue to make a difference in our space. Let us continue to serve with enthusiasm, dedication and selflessness, making work our worship and service. Let us strive to leave a legacy of greatness in this province.

SAVE LIVES GET VACCINATED

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

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

TOP STORY

NPA staff embraces vaccination message

Annah Mohai (left) and Dickson Sampisi (right) being vaccinated at OR Tambo Building

Fully vaccinated!! These were the words uttered by some NPA officials who turned up at the OR Tambo Building (Office of the Premier) which was a vaccination site to get their jabs. Staff members were full of praise for the convenience of having a site for NPA and Department of Justice officials for vaccination.

State Prosecutor, Annah Mohai, urged people to trust the science behind the vaccine and the fact that it works. “I am fully vaccinated and so happy. I urge anyone who is hesitant to trust the science and get vaccinated. The only symptom I had was being tired, a day after being vaccinated. Other than that, nothing. I am still okay more than three months after getting the jab. I will encourage people to get vaccinated because according to information from scientist, you will only have minor symptoms if you contract Covid-19 when you are vaccinated”, said Mohai.

Mohai also recommend that people should be tested for

COVID-19 Public Hotline

0800 029 999

other sicknesses before they get vaccinated. “Testing before being vaccinated will allay fears that vaccination is dangerous.

Some people get sick or even die after being vaccinated but we don’t know what is the real cause and anti-vaxxers will blame it on vaccines without medical evidence. So being tested before vaccination will be helpful in that regard”, said Mohai.

Senior State Prosecutor, Advocate Dickson Sampisi also encouraged people to get vaccinated because there is a feeling that your body will be protected from the virus if you got the jab.

“People should be vaccinated because vaccine is like a back-up plan to your body. The fact that you are protected from severe illness and death should be motivation enough for people to get vaccinated”, said Sampisi.

Official WhatsApp Help Service Send HI to 0600 123 456 on WhatsApp.

visit www.sacoronavirus.co.za to find out more about COVID-19 in SA.

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Rape victim left for dead lives to see her attacker jailed for life

Advocate Moipone Moroka with SAPS officials from Family Violence, Child Protection and Sexual Offences

“It was not enough for him to rape her, violating her bodily integrity, but he slit her throat in an attempt to kill her. He was more worried about being reported to the police for what he has done to the victim and he wanted to ensure that does not happen by slitting her throat” These are the words Advocate Moipone Moroka told the court in arguing that Mpho Majoba (29) should be sentenced to a long term of imprisonment for raping and slashing the throat of a 31-year-old woman who spurned him on 30 March 2021 in Rosendal.

The victim was walking home alone at around 11am when she was approached

by Majoba, a Lesotho national, who asked for her cell numbers but she refused. He started to hit her with open hands and told her that he is going to rape her for refusing to give him her cell numbers.

“Her sin”, adds Moroka, “was to refuse to give her cell numbers to a man who did not want to be rejected. She was then forced to jump over the fence into the forest next to the maize meal where Page

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she was raped. She tried to fight back but Majoba strangled her”.

The court heard that after raping her, he assisted her to get dressed and told her that he intends to kill her but feels sorry for her. Majoba asked her if she will report the incident and she promised not to report it.

“He doubted her promise and stabbed her on the neck with a knife. He then dragged her deeper into the bush believing that she was dead. The victim, however, regained consciousness and managed to walk few kilometres, waving to vehicles passing by as she could not scream”, said Moroka.

A community member saw her waving and assisted her and she was transported to hospital. She later asked for a piece of paper and explained the incident and gave a description of the perpetrator. The police followed up on the information and Majoba was arrested. The victim’s cellphone was found hidden in a tree at Majoba’s workplace.

Arguing for a harsh punishment on Majoba, Advocate Moroka told Judge

Soma Naidoo that the disposition of the victim will never be the same after the incident and the scars will always remind her of the incident.

“The victim told the court that the incident has changed her life. She only lives on soft food like soft porridge because she is unable to take solid food. She always wears something to cover her neck in an attempt to hide her visible scars. She only regained her voice in July, three months after incident and she can only speak in soft voice”, said Moroka.

Moroka applauded the Acting DPP for the speed in which the matter was finalized. The DPP proposed that the province formulate a team of prosecutors and investigators who will focus on gender-based violence cases.

Majoba pleaded guilty to all the charges and he was sentenced to life imprisonment for rape, 15 years for robbery with aggravating circumstances, 10 years for attempted murder and three years for kidnapping.

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Free State schools participate in Moot Court Competition Learners from high schools in the Free State pitted their strength against each other in a court of law when they took part in the Provincial Moot Court Competition that was held at the Free State High Court on Saturday, 04 September 2021. The competition started with schools across the province getting an opportunity to be part of the competition when they were called to write an essay on a problem statement that was given.The essay was used to select schools that participated in the Provincial Competition and ten schools made it through to the provincial competition.

The argument in court was that, after a consultative process, the School Governing Body (SGB) of Mjondolo

Magistrate Williams handing trophy to Moot Court Competition winners

Combined School decided to introduce a Code of Conduct regulating the use of cellphones at school. Section 4 of the Code of Conduct states that “the use of cellphone, whether on or off, by learners on the school premises shall at all times be prohibited. Any learner that is found in possession of a cellphone shall have that phone confiscated and may be suspended.

The school conducted search on learner after one learner dropped his cellphone out of his pocket. Six learners were found in possession of cellphones.These cellphones were confiscated resulting in learners being involved in a protest that disrupted learning and teaching at the school. The matter ended in court.

The applicants, learners, argued that Section 4 of the School Code of

Conduct is unconstitutional, and violates the learners’ rights to privacy and basic education in terms of Section 14 and 29 of the Constitution.They also argued that the SGB’s decision is unconstitutional as it violates the learners’ rights to peaceful assembly in terms of section 17 of the Constitution.

The school were pitted against each other as respondents and applicants.

For responded, Mjondolo High School, they had to argue that Section 4 of the School Code of Conduct is not unconstitutional and does not violate the learners’ right to privacy and basic education in terms of sections 14 and 29 of the Constitutional. They also had to argue that the SGB’s decision is not unconstitutional and does not violate learners’ rights to peaceful assembly in

DPP FREE STATE NEWSLETTER

terms of section 17 of the Constitution.

The competition winners were Lephola High School from Welkom with 406 points, followed by Welkom High School on second place with 389 points.

The third and fourth positions were occupied by Makabalane High School from Qwa Qwa with 386 points and Tlotlanang High School from Thaba Nchu with 253 points, respectively.

The four schools will represent the Free State at the National Moot Court Competition that will be held from 06 to 10 October 2021 in Johannesburg.

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AFU granted an order to attach vehicles, cash and gold The Asset Forfeiture Unit (AFU) was on 02 September 2021 granted an order by the High Court of South Africa: Free State Division to forfeit three vehicles, cash and pieces of gold as the properties are alleged to be proceeds of unlawful activities. The court granted the order against a Jeep Cherokee, BMW, Nissan Almera, R1.3 million in cash and 21 pieces of gold valued at R3.2 million.

Ten men allegedly abducted Charmaine Botha from her workplace and held hostage in a shack in Thabong, Welkom. Kidnappers demanded a bar of gold from Charmaine’s husband, Johan Botha, who was also an employee of Harmony Gold Mine. Botha reported the matter to his employer and the SAPS. The mine management gave him a bar of gold valued at R6.5 million to give to the kidnappers and the wife was released after the kidnappers received the gold.

Police investigations led to the arrest of ten people including Sechaba Seloana, John Taile, Wellington Sithole and Lovemore Ndlovu. Seloana was found in possession of the Jeep, BMW, R580 000 cash and 21 pieces of gold valued at R3.2 million. Sithole and Taile were found in possession of R524 000 and R260 000 respectively. Ndlovu was found in possession of Almera.

Advocate Eugene Ontong, representing the AFU, argued that Seloana and others used the vehicles to transport gold from Welkom to Sebokeng and they knew what was the implication if the gold was found in those vehicles. He submitted that the vehicles are instrumentalities of crime as they were used in unlawful activities. He further said that the cash and 21 pieces of gold are also the proceeds of crime. The cash that was seized was exchanged for gold. Judge Reinders agreed with the submission of the AFU and granted the order.

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DPP FREE STATE NEWSLETTER

Women’s month feature Nokutula Ndwandwa matriculated from Queenstown Girls High School in the Eastern Cape. She studied and completed her LLB at the University of the Free State (UFS) in Bloemfontein.

“I chose to study law because I care deeply about maintaining and enforcing the rule of law. This also helps me to understand how the society functions”, she says.

After graduating from UFS, she served her articles as candidate attorney at Legal Aid South Africa – Welkom Justice Centre. This is where she attended to criminal matters which included gender-based violence.

After completing her articles and getting admitted as an attorney of the High Court, she realized that her calling is in prosecution. She had a desire to seek justice and help the victims of crime, especially women and children. She joined the NPA in order to enforce criminal laws by protecting the innocent and convicting the guilty.

She is currently working as a regional court prosecutor at Nokutula Ndwandwa: Regional Court Prosecutor Botshabelo Magistrate’s Court. Her duties, include amongst others, – Botshabelo presenting cases in court, handling decision dockets, organizing and preparing court rolls and general administration. Ndwandwa is a dedicated and passionate prosecutor who ensures that protection is provided to the most vulnerable members of the society by not only securing conviction but by ensuring that justice is done. In her message to women, she quotes a powerful message from a well-known tennis star, Serena Williams when she said: “The success of every woman should be the inspiration to others. We should raise each other up. Make sure you are very courageous. Be strong. Be extremely kind and above all, be humble”.

NPA condemns act of vigilantism The NPA showed its condemnation of acts of vigilantism when one of the prosecutors requested the court to impose harsh punishment on a Bloemfontein man who weas involved in a mob justice killing in 2019.

Bloemfontein Regional Court Prosecutor, Mthunzi Moses requested the court to impose harsh punishment on Olehile Manyakalle after he was convicted of killing Obakeng Sefali in mob justice incident in September 2019. Moses told the court that Manyakalle took the law into his own hands when he went to Sefali’s home and started attacking him. He dragged him for about 2 kilometres, kicking and punching him. He was attacked in a broad daylight in Bochabela, Bloemfontein after he was accused of stealing a cellular phone.

‘Vigilantism cannot be a justifiable act of punishment for anyone. Mob justice is not a solution and will not be tolerated. The communities need to work with the police and to report all criminal behaviour to law enforcement and stop acts of vigilantism.We do not condone vigilantism. We understand a community’s desire to protect their neighborhood but they have to do it within the confines of the law and not take the law into their own hands”, says Moses.

A group of six men attacked Sefali but only four of them were arrested. The magistrate, however, acquitted three of them and only Manyakalle was convicted

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Mthunzi Moses: Regional Court Prosecutor – Bloemfontein

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Chief in action The Chief Prosecutor for Welkom cluster, Joyce Mokoena was in action on 6 September when she handled a bail application in a femicide case in Reitz Magistrate’s Court. In the case, a 31-year-old man from Petsana in Reitz is facing a charge of murder for allegedly killing a female Police Constable (32) who was stationed at Reitz police station. The body of the constable, who was a girlfriend of the accused was found lying near Reitz swimming pool.

Mokoena is the chairperson of the Provincial GBVF Task Team.The mandate of the team is to oversee the investigation and prosecution of sexual offences, domestic violence and femicide cases which have become prevalent in the province.

Joyce Mokoena: Chief Prosecutor for Welkom cluster

Bribery lands cop in jail for 15 years An act of bribery landed Warrant Officer Frederick de Bruin (51) in jail after he was convicted of stealing a docket and selling it to an accused person for R5000. De Bruin was handed a prison term of 15 years for theft of a state laptop, 15 years for corruption, 15 years for theft of a police case docket and five years for defeating the ends of justice.

De Bruin stole a docket from one of his colleagues and promised a suspect facing charges of reckless and negligent driving that he will sell him the docket for R5000. The suspect reported De Bruin to the police and an entrapment was arranged which led to the arrest of De Bruin when he tried to exchange the docket for money. The police proceeded to search his house and they found a receipt of a pawn shop. It later transpired that De Bruin had pawned the SAPS laptop. De Bruin had already been dismissed from the SAPS at the time of his sentencing.

The case was prosecuted by regional court prosecutor, Keke Machogo.

Keke Machogo: Regional court prosecutor

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DPP FREE STATE NEWSLETTER

“Court Preparation Programme is a need for victims of crime” “Court preparation programme is a definite need for victims of crime because it reduces secondary traumatization and addresses disparities between legal demands and the rights of the victims. The programme empowers victims and witnesses to have confidence to appear in court and give their best evidence and safeguarding their rights” These are the words of the Acting Free State Provincial Court Preparation Coordinator, Martha Motshabeng when she talks about an important role court preparation programme plays in bringing justice to the victims of crime. Motshabeng, who has been acting in the position for six months, appreciates the role court preparation officers play in making her job as Provincial Coordinator easy.

“Part of my responsibilities is to compile quarterly statistics and reports that must be send to the national office. These statistics and reports are collation of reports from court preparation officers and their support and cooperation make it easy for me to meet deadlines”, said Motshabeng.

Motshabeng also applauds the support of her colleagues in assisting with training of new court preparation officers.

Phuthaditjhaba, Thaba Nchu and Botshabelo have new court preparation officers and Motshabeng took charge of training of the court

preparation officer in Phuthaditjhaba and her colleague, Tshepang Moeti was responsible for training of the court preparation officers in Botshabelo and Thaba Nchu.

She also applauds the role played by prosecutors. The court preparation program, according to Motshabeng, assist prosecutors to concentrate on legal issues and leave preparation of the witnesses to the court preparation officers“It is the responsibility of the CPO to explain to the witness, the “who, what, where, when, how and why” of going to court which will make the witness more relaxed and be able to testify without fear, thus enhancing prosecution and customer satisfaction”. Motshabeng believes that court preparation is an important part of prosecution that addresses fears and concerns of the witnesses whilst giving them a voice in court.

Human trafficking awareness workshop The NPA presented a human trafficking awareness workshop to Botshabelo Moral Regeneration Forum at Botshabelo District Hospital. The workshop was attended by different stakeholder who shared light on the topic of human trafficking which has become rife in South Africa. Bloemfontein has also become the hub of human trafficking and most people are not aware.

The purpose of the campaign was to educate the greater public of human trafficking in order to be vigilant and to save loved ones from being victims. Women and children are mostly the ones that are vulnerable to being exploited. This is the reason why the topic was explored at a much deeper level in August which is regarded as Women’s Month.

DPP FREE STATE NEWSLETTER

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motivational corner How to achieve your goal The brain thrives on novelties.

Just give it nutrition. What you do not want you will also get.You act up-on what you think about.You cannot attract prosperity from inner consciousness that says I hate being poor, because you will act upon it and it will get worse.

You cannot get what you want if your attention is not on it. Get a way to get your mental images into what you want.You cannot focus your attention on what you are.Your vision must be bigger.

Concentrate on the reward and the legacy, instead of the risks.You cannot focus on what you want if your attention is on what they want for you or expect from you or what they tell your limitations are.You must know when to say yes and when to say no. Negative people are blood suckers. The currency for attracting what we want in our lives is as fast as you think. What separate great masters from ordinary humans is they do not let others to tell them what they want. Never let people to be your priority, while you are only their choice. If you do not know how to harness a possibility, every opportunity becomes a problem.

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Bidding farewell to our colleagues

Colin Steyn

Queen Mogotle

The DPP Office bade farewell to two officials who both went on ill-health retirement. Colin Steyn, Senior State Advocate and Queen Mogotle, Human Resources Clerk went on ill-health retirement after spending several years in the NPA. Steyn joined the NPA in July 1990 as a state prosecutor. He was promoted to senior state advocate in July 2006, the post he occupied until his ill health retirement. Mogotle started in the NPA in March 2005 as human resources clerk at DPP Mmabatho. She joined the office of the DPP Bloemfontein in June 2006. The NPA wishes them all the best in the future plans.

DPP FREE STATE NEWSLETTER

staff gallery

Pinky Mokhele (left) and Mpai Noe (right) taking their jabs at OR Tambo Building

Johnny Nkiyane (left) and George Sebako (right) being vaccinated

Learners taking part in moot court competition

DPP FREE STATE NEWSLETTER

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staff gallery

Makabelane Secondary School learners receiving their trophy for second position

Moot court competition winners and their teachers

Learners presenting their case in moot court competition at the Free State High Court

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staff gallery

Vivien Mlothwa (left) and Rina Collins (right) in their traditional wear for Heritage Day

DPP FREE STATE NEWSLETTER

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