NPA vs justice department: Govt slams City Press, labels article ‘fake news’

The justice department and National Prosecuting Authority (NPA) have together slammed media reports, and a City Press article in particular, as creating a “false impression” of a hostile working environment between them.

The article, published on Sunday, said anonymous insiders claimed the scandal behind VBS-linked Justice Minister Thembi Simelane only surfaced recently despite her loan from Gundo Wealth Solutions being taken in 2016, due to a dispute between the Department of Justice and Constitutional Development and the NPA.

This while Zondo Commission advocates Paul Pretorius and Matthew Chaskalson have been appointed as consultants by NPA boss Shamila Batohi without due procedure, and a failed attempt to amend the law which would have enabled Batohi to serve her term beyond her age limit.

The article referred to an EFF statement as amplifying these claims.

The EFF said Simelane was being targeted because she stood against those who did not want the NPA to be independent.

The party said the NPA’s Batohi “abandoned sense and lost her appreciation of the law as a neutral instrument to administer justice in South Africa”.

Justice department and NPA slam article

The department and prosecuting authority’s joint statement on Monday said articles such as the one by City Press attempt “to create a false impression of a hostile working relationship between the department and NPA”.

“The article contains numerous factually and legally incorrect statements that we reject out of hand,” the statement read.

“As a case in point, the National Director of Public Prosecutions (NDPP) [Batohi] has never sought an extension of her contract or term of office beyond the age stipulated in law.

“This is in line with the judgment of the Constitutional Court in Corruption Watch NPC and Others vs President of the RSA and others which confirmed that the provisions of section 12 (4) of the NPA Act, which provided for the extension of the term of office for the NDPP, were unconstitutional and invalid (CCT 333/17 and CCT 13/18).”

Therefore, the organisations said it would be “legally impermissible” for Batohi to seek an extension of her term of office against the judgment.

“The NDPP has never had this conversation with either the minister of Justice and Constitutional Development [Simelane] or the President of the Republic [Cyril Ramaphosa] about this matter.

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Justice Department and NPA have a ‘constructive working relationship’

“The department and the NPA have a constructive working relationship facilitated by several governance arrangements between them,” the statement added.

These arrangements include participation by the NPA in the department’s executive committee meetings, and regular meetings between Simelane, “in discharging her constitutional responsibilities”, and Batohi.

Regarding the appointment of advocates Pretorius and Chaskalson, the NPA said it will not comment further on the “totally transparent” appointment of Section 38 counsel in terms of the NPA Act.

“This is a well-established and essential practice that the NPA has implemented for several years, with the full support of the department and its respective ministers.”

“We caution against misinformation campaigns and fake news at a time when the government is trying to enhance the rule of law by providing the necessary support to the NPA and other law enforcement agencies.”

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