19 May 2017

South Africa: DA Threatens NPA With Court Action Over Nkandla

Democratic Alliance leader Mmusi Maimane has asked National Prosecuting Authority head Shaun Abrahams for a meeting to talk about the probe into security upgrades to President Jacob Zuma's Nkandla homestead.

"As the complainant in this case, I cannot accept that a decision still hasn't been taken in over three years," Maimane said in a statement on Friday.

"If no commitment is made by Advocate Abrahams in this meeting, we will be left with no choice but to approach the courts to compel the National Prosecuting Authority to take a decision to either charge or not charge President Jacob Zuma for his role in the Nkandla scandal."

Maimane wrote to Justice Minister Michael Masutha last week, requesting that he urgently intervene to ensure a decision was made regarding the eight charges of corruption that he laid against Zuma over Nkandla.

Masutha told the media on Thursday, ahead of his department's budget vote in Parliament, that Maimane was asking him to interfere with the NPA's independence.

"This request is oblivious of the fact that, though I am enjoined by the Constitution to exercise final responsibility over the NPA... this does not extend to interfering with the independence of the NPA's discretion," he said.

"Shaun Abrahams is here and can confirm with you that, where necessary. I receive briefings on matters, and he asks questions, but at no stage have I given the NPA instructions to prosecute or not prosecute, and when to do so."

Investigation

Maimane insisted, citing Police Minister Fikile Mbalula, that the investigation was already complete and that the case docket was handed over to the NPA in August 2015.

"The NPA cannot carry out a mandate of selective prosecution. This is a direct violation of its duty to prosecute without fear, favour or prejudice."

He said Abrahams had a simple job: Decide to charge or not charge, but insisted that citizens could not wait any longer.

Abrahams, who was present at Masutha's press briefing on Thursday, did not comment on the matter.

Source: News24

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