The man earmarked as the next head of the National Prosecuting Authority (NPA) faces 12 counts of misconduct.
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Durban - The man earmarked as the next head of the National Prosecuting Authority (NPA) faces 12 counts of misconduct, detailed below, the Sunday Tribune can reveal.
Pinetown magistrate Stanley Gumede, who was expected to be named by President Jacob Zuma as the head of the NPA, faces a host of charges by the Magistrates’ Commission.
Nomgcobo Jiba holds the post in an acting capacity. She took over in 2011 when Menzi Simelane was sacked.
The Sunday Tribune has learnt that the charges against Gumede – some of which date back to 2003 – include complaints of sending a police officer to jail, releasing suspects without a bail hearing and using “strong” language against a prosecutor.
The DA has threatened to take Zuma to court unless he makes a permanent appointment within six weeks.
Presidential spokesman Mac Maharaj would say only that Zuma had “made a decision” and that “the public will be informed”.
NPA national spokeswoman Bulelwa Makeke said yesterday she had “no idea” when the announcement would be made or whether Gumede was still in the running for the post.
She would not be drawn on whether the charges Gumede was facing would have any effect on his appointment.
Commission secretary Danie Schoeman said a date had not been set for Gumede’s hearing and that “certain administrative processes” still had to be finalised.
Durban attorney Comfort Ngidi, who is supporting Gumede’s appointment to the NPA and is a spokesman for Gumede, wrote to the commission earlier this year, complaining that its investigation was unfair because it had dragged on for years.
Ngidi said he suspected the charges had resurfaced because of Gumede’s possible NPA appointment.
“He should have been charged with misconduct as soon as his employer became aware of the complaints. The charges get raised whenever he is considered for a prominent position,” said Ngidi.
However, Schoeman dismissed claims of a plot to block Gumede’s appointment, saying the commission had received complaints and started with the misconduct investigation long before there was any speculation that Gumede might be a candidate for the position of NDPP.
On Friday, DA federal executive chairman James Selfe said he had written to Zuma urging him to appoint a permanent national director of public prosecutions by no later than July 31 or the DA would “take appropriate measures at law to compel him to do so”.
THE CASE AGAINST GUMEDE
Count 1, misconduct:
Gumede is accused of interfering with the powers and duties of the prosecutor while presiding in the criminal case of the State vs J Khanyile on July 20, 2009 and on August 5, 2009. He allegedly dictated to the prosecutor, a Mr Meiring, which witnesses to call and not to call and refused to let the prosecutor consult with his witness, Captain Brown, and called a State witness, Freedom Mahlanzi, as a witness and refused to allow the prosecutor to cross-examine the witness.
Count 2, misconduct:
He allegedly conducted court proceedings in the absence of the prosecutor on November 7, 2007 while presiding in the criminal case of the State vs MD Msomi.
Count 3, several acts of alleged misconduct:
(a) Displaying unbecoming conduct towards witnesses. On May 25 and May 26, 2004 he allegedly displayed irregular or unbecoming behaviour towards a witness, Patricia Sookraj, by sending her to police holding cells without following due process, and for not calling a second witness, Ronnie Sookraj, irrespective of the fact that he was too traumatised to testify.
(b) For alleged interference with the functions and duties of the prosecutor. Gumede allegedly refused to hear an application for recusal and dictated to prosecutor Koen which witness to call and unduly cross-examined witnesses and instructed the witness, Santoj Sooraj, to read his statement into the record, and informed the State and the defence that they were entitled to cross-examine the witness at the time.
Count 4, misconduct:
On October 15, 2009 and on November 18, 2009, in the criminal case of the State vs Meyiwa, Gumede allegedly made unbecoming remarks in court while the witness, Ndlela was testifying. He allegedly irregularly… and unduly cross-examined Ndlela.
(a) Unbecoming conduct towards a prosecutor by unjustifiably attacking the integrity of prosecutor Meiring in open court by stating he was unprofessional.
(b) Interference with the functions and duties of a prosecutor. On October 15, 2009 he allegedly refused to listen to certain aspects of the evidence of the witness, Sipho Sokhela, and actively participated in the cross-exemination of the witness and dictated to the prosecutor which witnesses to call.
Count 5, misconduct:
On 24 August 2009, Gumede allegedly displayed unbecoming behaviour towards witness Kimora Chetty and threatened the witness that she would be locked up, and he irregularly and unduly participated in the cross-examination of the witness.
Count 6, various:
(a) Unbecoming conduct towards witnesses in the criminal case of the State vs M Dlamini and Another. On July 2, 2009, July 7, 2009 and August 27, 2009, Gumede allegedly displayed unbecoming behaviour and biased behaviour towards a witness De Bruin by telling him that the evidence he tendered was a distortion of the truth. He allegedly unduly participated in the cross-examination of the witness and threatened the witness with punishment.
(b) Unbecoming conduct towards a prosecutor. In July 2009 he dictated to prosecutor Meiring which witness to call and made unbecoming remarks regarding the credibility of the prosecutor by stating that he was placing evidence that was nonsense before the court.
Count 7, unbecoming treatment of a witness:
On March 10, 2008 and on July 18, 2008 he constantly interrupted witnesses Rodrigues, Andereone, Shaik, Maphumulo and Johnson by irregularly engaging in arguments with them while they were testifying. It is also alleged that he made remarks which were “uncalled-for” about police officers as witnesses and unduly participated in the cross-examination of the witnesses.
Count 8, misconduct:
In the case of the State vs Nkala, on January 27, 2010 and on October 6, 2010, Gumede
(a) Allegedly refused to listen to certain aspects of the evidence of witnesses Shelembe, Hadebe and Mngadi and irregularly and actively participated in the cross-examination of witnesses and threatened to send witnesses to Westville prison.
(b) It is alleged that Gumede unjustifiably released the accused on warning without conducting a formal bail application. This was while the case was not allocated to him or his court, whereby he abused his powers.
Count 9, misconduct:
In the criminal case of the State vs RR Ngubane on June 3, 2009 he engaged in arguments with prosecutor Meiring in court whereby he lectured the prosecutor and indicated to the prosecutor that he had already made up his mind in respect of certain evidence.
Count 10, unbecoming conduct in court:
On March 4, 2011 and on March 7, 2011, he allegedly abused his power or committed irregularities by engaging in discussions about irrelevant aspects in open court, whereby he wasted court time and or used the court as a forum to air his personal grievances and or attacked the integrity of the prosecutor
Count 11, interfering with the functions and duties of the court’s support staff:
On March 7, 2011 he allegedly interrupted normal court activities when he called for administrative staff members Thiroosha Raphuswe and Byron Pillay to testify in court instances other than the case he was dealing with. It is also alleged that Gumede followed procedures which are “foreign” to the execution of a presiding officer’s duties and that he interfered with the retrieving of recorded court proceedings.
Count 12, interfering with the prosecutor in the performance of her duties; of showing unbecoming conduct towards the prosecutor; and for conducting a criminal case in the absence of the prosecutor:
In the criminal case of the State vs BC Shangase on November 20, 2012, Gumede allegedly irregularly interfered with the work of prosecutor Mshololo by:
(a) Demanding she tell him what the witness she intended to call would say to the court, and that until she did that, the witness would not give evidence and insisting he would not listen to her or the witness.
(b) Saying to Mshololo: “If you cannot listen to what I’m saying , just walk out the door, I lay down the (law), it’s going to happen that way. If you want to argue with me, don’t, because it’s not going to happen your way. I have told you what you should do, you should do exactly that.”
Gumede also allegedly said to Mshololo: “I have told you what to do, don’t argue with me. I have told you that you need to listen to me and do what I say you must do and don’t argue and you carry on arguing.”
(c) Irregularly continued with the case despite the absence of the prosecutor.
Sunday Tribune