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In response to a Democratic Alliance (DA) parliamentary question, Minister of Justice and Constitutional Development, Jeff Radebe, denies any involvement in the decision of the National Prosecuting Authority (NPA) to drop murder charges against Crime Intelligence boss Richard Mdluli.
It is true and entirely proper that the Minister’s powers do not extend much beyond the right to ask the NPA for information or a report on any case, and we must accept the claim that he was not directly involved.
However, the question remains: who did instruct the withdrawal of the charges? We think it more than unlikely that Adv. Richard Chauke, the Director of Public Prosecutions (DPP) in Johannesburg, decided of his own volition to withdraw the charges and order an inquest instead.
We have information that legal opinion was sought from senior counsel at the Johannesburg Bar on the merits of the murder charge and on the question whether Mdluli’s representations and arguments could succeed. The legal opinion indicated that there was a prima facie case against Mdluli.
Whether the State Attorney or someone else instructed counsel is neither here nor there. The fact is that the DPP, notwithstanding the opinion, dropped the charges.
Parliament has the power under the NPA Act to hold the NPA accountable, among other things, for decisions regarding the institution of prosecutions. The DA will accordingly take this matter forward.