NPA boss's 'vendetta' backfires

NPA boss's 'vendetta' backfires
ROB ROSE, STEPHAN HOFSTATTER and MZILIKAZI WA AFRIKA
18 September, 2011 01:06

National Director of Public Prosecutions Menzi Simelane

Prosecutions boss Menzi Simelane was left with egg on his face this week after he tried to oust one of Willie Hofmeyr's trusted lieutenants, Knorx Molelle.
Simelane backed down and agreed to reinstate Molelle - before 500 pages of evidence compiled by Molelle could be used to embarrass him in court.

Insiders said Simelane's suspension of Molelle, head of KwaZulu-Natal's asset forfeiture unit, was part of a strategy to neuter the crime-fighting arm that has seized assets belonging to politically influential businessmen and politicians.

Simelane withdrew Molelle's asset seizure powers in July, then suspended him on August 8 on claims of "misconduct". But on Wednesday, he was forced to reinstate Molelle as part of a behind-closed-doors settlement at the Labour Court in Johannesburg.

Molelle's evidence lodged in court makes it clear that Simelane targeted Molelle based on flimsy charges, fuelling claims that he was gunning for Hofmeyr and the unit .

Simelane sought to downplay his about-turn this week, saying investigations into the allegations of misconduct were still under way.

But Molelle hit back, saying Simelane's views were "not based on the facts or the law, but the product of his imagination".

Molelle told the Sunday Times his reinstatement was proof that "my suspension and withdrawal of powers were based on contrived allegations and charges that could not stand the scrutiny of the law".

Earlier this month, Simelane told City Press that Molelle's actions in attempting to seize the assets of businessman Gaston Savoi were "bull****" and that he had made "improper use of his powers".

Savoi was arrested in August 2010 for allegedly defrauding the government of R200-million in deals involving water purification plants.

Molelle spearheaded the hunt for Savoi's assets, and has already frozen R180-million in his assets in South Africa.

The roots of Simelane's clash with Molelle lie in Savoi's appearance in the Pietermaritzburg Magistrate's Court in February. Here, it turned out that bail had lapsed, as prosecutors had mistakenly failed to extend it in December, during Savoi's last court appearance.

A new deal was struck between Savoi's defence, prosecutors and the NPA to "revive" the bail - and Molelle stood up in court and confirmed his unit was party to this new deal.

Simelane seized on this, and sent a letter to Molelle on June 30, saying Molelle "failed to sufficiently consult the lead prosecutor", so would be taken off the case, his powers removed, and his cases reassigned. About a month later he was suspended on three new charges, which he refuted in papers filed in court.

Asked about the case, and questions raised about his judgment , Simelane said he would "not comment further as internal processes are unfolding".

Instead, the NPA issued a statement confirming Molelle had been reinstated, but implying that a cloud still hung over his head. It said: "Investigations into the allegations of misconduct are still under way, and he has been ordered not to interfere with such investigations."

Molelle called this a feeble effort to cover up Simelane's embarrassment.

"At no stage did [I] interfere with any investigation by the NPA, it has always been [my] position that such investigation be finalised expeditiously," he said.