NPA to cut back on private sector lawyers

A report in The Citizen notes that Section 38 of the NPA Act allows the National Director of Public Prosecutions to engage 'persons having suitable qualifications and experience to perform services in specific cases'. NPA spokesperson Mthunzi Mhaga confirmed this week that the NPA intended to cut back on Section 38 lawyers on a 'case by case basis'. 'It is not that the NPA will discontinue Section 38, but that it will be sparingly utilised,' he said. 'There is capacity in the NPA to handle criminal prosecutions. That is the primary job of the NPA. Where external capacity is required it will be sourced.' Last year Asset Forfeiture Unit head Willie Hofmeyr warned that the state faced criminals who had resources to hire top legal teams and bring numerous challenges to the state's case before the trial even began. The state, Hofmeyr said, had fewer resources and fewer skills to conduct its case, making this a 'serious challenge'. Full report in The Citizen

There is concern in legal circles about the level of skill and experience in the prosecuting authority to deal with complex matters, especially commercial crime, notes a Business Day report. 'For a lot of the run-of-the-mill crime, they've got a core of good, experienced people,' said one lawyer. But for high-level commercial cases, they are still very dependent on private lawyers. They certainly need them,' said the lawyer. Full Business Day report

The NPA has in the past called in outside help in complex fraud or tax cases, such as the LeisureNet trial, and the higher court actions launched by former Fidentia boss J Arthur Brown, notes a report in The Times. Mhaga said the current case against businessman Dave King, where the charge sheet runs to some 700 pages, would not be affected. The legal team in that case, which includes private senior counsel John Myburgh and private instructing attorneys, has been engaged on the case for just over five years. Mhaga said the case would be run 'still with outside counsel assisted by our own prosecutor'. Full report in The Times