How the KwaZulu-Natal NPA is tackling political killings despite ongoing challenges
KwaZulu-Natal NPA head Advocate Elaine Harrison expressed satisfaction with the work of bringing perpetrators of political killings to book.
Image: Henk Kruger / Independent Newspapers
KwaZulu-Natal Director of Public Prosecutions Advocate Elaine Harrison is celebrating some success in solving political killings cases in the province, which is riddled with a high rate of this crime.
She expressed her satisfaction with the work of bringing perpetrators to book in response to an inquiry from this reporter about how many political killing cases were solved since the Moerane Commission, which was abolished in 2017 to probe the cause of political killings in provinces, released its recommendations in 2018.
“The NPA has been able to finalise approximately 79 political killing cases [of which] in some of these cases, we have secured life imprisonment sentences and there are about three cases which are at the sentencing stage,” said Harrison.
She expressed satisfaction with her team's achievement.
“I, as the Director of Public Prosecutions (DPP) of KwaZulu-Natal (KZN), am satisfied with the work conducted by the prosecutors assigned to this portfolio, who are working with the political task team.
“The dedicated capacity provided by the SAPS and NPA to address the politically related cases in the province has produced results,” she said.
One of the cases due for sentencing is that of Sibusiso Ncengwa, who confessed to the killing of ANC Youth League secretary-general Sindiso Magaqa in 2017.
Ncengwa will be sentenced at the Pietermaritzburg High Court on Monday and was expected to turn State witness against other people who were involved in the killing of Magaqa, who, while he was the councillor at the Mzimkhulu Municipality, was preparing to spill the beans about an alleged corrupt tender to build a local memorial hall.
During the mitigation of Ncengwa’s sentence early last week, the issue of the province’s failure to end the killings, as per the recommendations, was raised.
The role of the NPA in the implementation of the recommendations was to successfully prosecute the hitmen and their handlers to discourage other people from becoming involved in such crimes.
National Director of Public Prosecution, Advocate Shamila Batohi, sparked controversy early this month by claiming on national TV that there are internal and external interferences in the prosecutions by people, including some prosecutors, who disrespect the rule of law.
She said some prosecutors who were not aligned with the vision of fighting for the rule of law were adding challenges in the prosecution and were not allowing her to sleep comfortably at night.
NPA prosecutor Advocate Elvis Gcweku told the Pietermaritzburg High Court during Ncengwa’s sentence mitigation that even years after the commission released its recommendations, the province was still rotten with political killings that are linked to tenders and corruption within the municipalities.
In its recommendations, the commission found evidence that there was a loss of public confidence in the criminal justice system, including prosecution, due to political manipulation.
“The investigation of corrupt activities and the attendant criminal acts by politicians, public officials, and business people must be vigorously investigated and those against whom there is evidence of corruption must be expeditiously prosecuted and if found guilty must be appropriately sentenced to rebuild the confidence of the public in the public service and to avoid building a culture of impunity and a culture where perpetrators believe that they are politically protected from prosecution and punishment,” read part of the recommendations.
Harrison said she was satisfied with the working relationship between the SAPS Political Task Team and the unit assigned to guide the investigations and make prosecutorial decisions.
She said some instigators were currently in court answering to the allegations against them, while others have been successfully prosecuted.
“There are still outstanding politically related cases which are receiving attention, as they are at different stages of the legal process.
“In order for the task team and the NPA to be successful in ensuring that there is prosecution, it is imperative for witnesses to provide accurate details of what they witnessed,” said Harrison.