Did the Acting NPA boss take decisions above his pay grade?

Staff reporter

Bloemfontein – The acting regional head, has alleged taken at least two decisions above his pay grade.

This is according to the National Deputy Director of Prosecutions, Advocate R De Kock in a letter re-directed at Director of Public Prosecutions in Free State, Advocate Navilla Somaru.

Appointed in March 2022, this is probably more embarrassing than the Estina Dairy farm case that the NPA handled and lost badly because an acting regional head took a decision that can be defined as null and void and certainly constitutes misconduct under her watch.

This after Advocate Thembela Bakamela in his capacity as acting regional head allegedly accepted representation from Monyane Sefantsi but rejected presentations from Advocate Tsoarelo Malakoane and Lebogang Sebeela in the Winnie Madikizela museum project case.

Following the rejection, Advocate AC Roestorf and Simone Meades of Peyper Attorneys escalated the matter to Shamila Batohi, National Director of Public Prosecutions, and in turn, she asked NDDPP, Advocate De Kock to respond to the letter.

In the letter, Advocate De Kock starts by acknowledging receipt of the letter before referring the matter back to Free State.

“It is also noted that the decision to continue with the prosecution was made by the acting regional head of the Free State SCCU, and not by the Director of Public Prosecutions, Bloemfontein (DPP).

In light of the above, and with our governing legislation, this office has forwarded your representations to Advocate N Somaru, the director of Public Prosecutions, Free State (Bloemfontein) for her attention and disposal of the matter.”

In conclusion, Adv De Kock said his office, by legislation may only review a decision made by DPP.

“Section 179(5)(d) of the constitution of the republic of South Africa provides that the National Director of Public Prosecutions may only review a decision made by Director of Public Prosecutions.”

Now why did the acting regional head take such decisions and what does that mean in law?

What about any other such decision by the acting regional head?

According to sources within Free State NPA, the DPP, Advocate Somaru has asked the acting regional head for a report on these representations, and it has allegedly been almost three months now and the report has not come.

Fikani Gambushe, Personal Assistant to Advocate Somaru could not answer direct questions related to this including if the decision by the acting regional head is lawful and what Adv Somaru’s decision is as the matter has been referred back to her.

We also asked who was in charge of Sport, Arts, Culture, and Recreation when the alleged crime was committed between 2008 and 2011 and her answer was a typical NPA response “without prejudice” and “we are confident of presenting a formidable case.”

If you know the NPA once they say “We have a watertight case” it’s normally the opposite.

We will follow up with the national office and LPC.

This is a developing story.

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