Prosecutors Do the Unthinkable |
Publication | Sunday Times |
Date |
2005-10-09 |
Reporter |
Opinion & Analysis |
Web Link |
One of the primary functions of the National Directorate of Public Prosecutions (NDPP) is to institute criminal proceedings and help the state to arrive at appropriate sentences for criminal offenders.
In fulfilling these obligations, the NDPP is supposed to act in a balanced and honest manner, free of fear, favour or prejudice.
Never in the history of this country has there been an authority that has executed these functions with such efficient commitment as the NDPP.
Many business and political crooks who thrive on corruption to achieve their nefarious ends have started running for cover since the establishment of the NDPP and its Scorpions investigation unit.
This unwavering dedication to pursuing criminal proceedings against those who consider themselves untouchable has earned the NDPP and the Scorpions widespread respect and admiration among the South African public.
Corrupt MPs have been convicted and forced to quit their seats as a result of the NDPP’s commitment to upholding the rule of law. Indeed, the NDPP’s undertaking to secure our country against corruption has ensured that crooks such as convicted Durban businessman Schabir Shaik have had their day in court.
It is therefore no wonder that the NDPP has received massive public support and sympathy in its bid to resist attempts to have the Scorpions put under the control of the South African Police Service.
However, this week the NDPP came close to undoing all the good work it has done since its inception.
By seeking to contest a four-year sentence imposed by a magistrate on former ANC Chief Whip Tony Yengeni — another crook who used political office to defraud Parliament — the directorate did the unthinkable.
Yengeni is appealing his sentence and conviction, imposed in 2003. To suggest, as the NDPP has done, that the four-year sentence imposed on him is too harsh is absurd. Public figures are expected to be exemplary in upholding the highest standards of integrity.
We had hoped that Yengeni’s sentence would serve as a deterrent to all corrupt politicians and other crooks. Which is why we find the NDPP’s application baffling. Yengeni is just another criminal — who must go to jail.
The two Pretoria High Court judges who this week told the NDPP that public corruption has become rife and that it might be time to start imposing deterrent sentences are correct.
For, as they remarked, corruption “is the type of crime that constitutes a cancer in our society” with devastating effects for the country and its system of democracy.
It is unfortunate that the NDPP’s request for a lesser sentence is going to suggest to the public that the prosecuting authority is trying to curry political favour.
There are some who will wonder if the NDPP be trusted to prosecute Jacob Zuma.
With acknowledgement to the Sunday Times.