NPA 'redeployment' row hots up

And a Beeld report notes that several of those earmarked for redeployment have had spats with Menzi Simelane, head of the NPA, the government, or President Jacob Zuma. It points out Retha Meintjes, a Deputy Director of Public Prosecutions in Pretoria, supported the nomination of former NDPP Vusi Pikoli. She also acted in the Constitutional Court when Simelane was grilled in his capacity as Director-General of Justice. André Lamprecht, Chief Prosecutor of the West Rand, reportedly crossed swords with Simelane on the bail application of hip-hop artist Jub Jub (see report below). And George Baloyi, another senior official of the NPA earmarked to be redeployed, was a member of the prosecution team headed by Billy Downer SC who prosecuted Zuma for corruption. Johannesburg's DDPP Mutuwa Nengovhela, who will also be redeployed, was part of the prosecution team in Zuma's rape trial. Full Beeld report

Meintjes read about her redeployment in a newspaper when she arrived at OR Tambo airport in Johannesburg, according to a Beeld report. She had returned from a meeting of the International Association of Prosecutors, of which she is the vice-president, in Prague. She said she was 'surprised and shocked' by the move. Meintjes plans to obtain legal advice to fight the move. Full Beeld report

The NPA has admitted to instructing the prosecutor in the Jub Jub trial not to oppose bail, says a Sowetan report. The NPA's Bulelwa Makeke said there was a discussion between Acting Director of Public Prosecutions Gladstone Maema and Lamprecht about the bail application. 'The discussion was that bail should not be opposed, because bail is opposed when an accused is a flight risk or a danger to society, none of which applied to the two accused,' Makeke said. But, Lamprecht went ahead and opposed the bail application. On the same day, Lamprecht was told by the NPA that he had been 'relieved of his managerial duties and ordered to work as a prosecutor'. This has led to the Public Servants Association (PSA) declaring a dispute and referring the matter to the bargaining council for mediation and conciliation - saying it was strange that the NPA's decision came on the same day Lambrecht refused to obey the NPA's instruction. 'We regard this as an unfair labour practice,' PSA spokesperson Manie de Clercq said. According to a Mail & Guardian Online report, De Clercq noted the move was completely unexpected, with no previous discussion, and his union planned to thrash out the matter - which they believe is a demotion in status - at the bargaining council. Full Sowetan report Full Mail & Guardian Online report

The NPA is playing a 'very dangerous game', retired law professor Tom Coetzee is quoted as saying in a Volksblad report. 'The NPA faces labour law issues. If the moves were not discussed with every senior state advocate upfront, each may approach the Labour Court. Labour legislation is very clear in this regard. Employers may not change the content of employees' positions without consultation, even if the affected parties' benefits and salaries remain the same.' Coetzee also said the move was a slap in the face for senior prosecutors in the lower courts as it was their responsibility to train and control junior prosecutors in their courts. Full Volksblad report

The NPA insists the move is part of its plan to have senior prosecutors boost struggling lower courts. 'The fact of the matter is that the changes to prosecutor allocation and redeployment of senior prosecutors to courts, especially in the lower courts, is in support of the strategy to address the dearth of skills in the organisation, and redistributing resources where they are needed most,' the authority said, according to a Mail & Guardian Online report. The NPA believes senior prosecutors' skills would be better used in the lower courts - where most crimes are heard, and cases are led by mainly inexperienced prosecutors - instead of them doing administrative work. Full Mail & Guardian Online report

Simelane's involvement in this matter may strengthen the DA's legal bid to have his appointment reviewed and set aside, suggests a report in Die Burger. It quotes DA leader Helen Zille as saying Simelane's 'demotion' of the senior state advocates raises alarms and questions on the independence of the NPA. She said Simelane's latest power game, together with his ban on prosecutors talking to the media, his ditching of the prosecution of a central figure in the arms deal scandal and reported interferences in the Jub Jub matter, all indicate Simelane's attempts to 'control and manipulate'. 'We are definitely worried about this and will make it part of our court application when it is heard in August. Full report in Die Burger