The State’s charging of former Eskom CEO Matshela Koko, his family and others before gathering all the necessary evidence is a setback that may give credence to criticism that the National Prosecuting Authority (NPA) had ulterior motives other than seeking justice.
By arresting and charging him, Koko himself believes that the NPA did someone “a favour” and is not really interested in the facts, hence he successfully had the matter struck off the roll over unreasonable delays.
The NPA can still have the matter re-enrolled, which it confirmed it would do but could not indicate when.
This does not inspire confidence in the NPA, especially its recently established Investigating Directorate (ID) to deal with corruption cases emanating from the state capture commission of inquiry. South Africans expected the ID to put a watertight case before the court to save itself from the embarrassment that came out of the Middleburg Magistrate’s Court last week.
The NPA’s leadership must disclose what evidence it relied on to secure Koko’s conviction and that of others in the R2.2 billion fraud case related to the Kusile power station.
As UCT Associate Professor of Criminology Irvin Kinnes aptly puts it: “The practice of arresting before investigating is an old way of doing these investigations. It fails miserably with South Africa’s constitutional provisions that are in place.
“It could be argued that the trial by media has already harmed the individual’s reputation in the court of public opinion.”
In Koko’s case the banks did not hesitate in shutting down his accounts even before the matter was concluded.
This proves that perhaps the State did not learn from the tongue-lashing it received when Acting Bloemfontein High Court Judge Nompumelelo Gusha threw out the R24.9 million money laundering, Gupta-linked Nulane Investment matter over poor treatment of essential documents which were imperative for the case.
She found the records to be inadmissible.
The NPA cannot expect to win public trust based on how many excuses it makes for rushing and bungling cases, let alone high-profile matters.
President Cyril Ramaphosa and Justice Minister Ronald Lamola must tell the nation why heads have not rolled for such blunders.
Cape Times