The Eastern Cape’s top criminal prosecutor will be hanging up his robe but, instead of playing golf and gardening, he will be spearheading a project at the justice ministry.
Director of Public Prosecutions advocate Lungisile Mahlati, 65, who oversees hundreds of state prosecutors across the province, was meant to retire this month but instead was asked to assist the ministry with a “special project”.
In his 44-year career at the department, Mahlati has become an all-rounder, doing a range of jobs including being a clerk, interpreter, prosecutor, magistrate and director.
During his career at the department of justice, Mahlati attended United Nations summits, travelled the world learning how to strengthen the country’s justice system, and was also given silk by president Thabo Mbeki, which gives him the title of senior counsel.
An avid golfer and gardener, the happily married father of three believes in getting rid of the weeds to see growth – both at home and at work.
During his 15-year stint as the Eastern Cape’s top legal boffin for the prosecuting authority, he implemented several projects, including an initiative which led to top prosecutors working hand-in-hand with specialist police units to ensure criminals get jailed.
Mahlati’s track record speaks for itself.
Last year, he was hand-picked to sit on a high-profile team, consisting of only five advocates, in the criminal case against former president Jacob Zuma.
In an interview with The Herald, a humble Mahlati told of how he had started as a clerk of the magistrate’s court in Willowvale in 1974 before working his way to the top.
Born in the small village in Nqamakwe, near Butterworth, he comes from a poor family.
His father worked on the railways and the rest of the family ran a farm in Transkei.
“We were very poor but we had a farm that kept us busy and fed,” he said.
“The whole family was involved with the farm while my father also worked at the SA Railways. When I was about three years old, he took us to Kimberley for his work.
“Times were tough and I remember sometimes we would not have enough food.”
Over the years, Mahlati’s family moved between Kimberley and the Eastern Cape.
In 1973, he matriculated in Kimberley and wanted to become a medical doctor.
“I really wanted to be a doctor, but it was difficult to get a bursary and we simply could not afford it.
“My next interest was law. I applied to the department of justice and got a telegram back saying I had been accepted to be a clerk.”
Mahlati arrived at his post at the Willowvale Magistrate’s Court with only a suitcase and the clothes on his back.
“I knew no one there. I sat there not knowing what to do or where I was going to sleep,” he said.
“I will never forget when a police constable at the court was doing his rounds in the building and saw me sitting there.
“Out of the goodness of his heart, he invited me to stay with him in his hut which was based inside a police compound,” he said.
“That is where it all started. From there I learnt the ropes at the court and progressed.”
By 1975, an ambitious Mahlati was promoted to being a clerk in the civil and criminal court – while studying and undergoing a series of tests every six months.
“It was tough but I was determined to do more.
“I got bored very quickly and, once I learnt everything in the office, I felt I was up for my next challenge. I even started doing interpreting in the court when I had spare time.”
Two years later he got his first post as a prosecutor, which saw him move to a small town near Queenstown (now Komani).
In 1981, the attorney-general’s office went to various courts assessing the prosecutors.
“They were impressed with how I was doing and handling cases and they asked if I wanted to be a regional court prosecutor,” he said.
The following year, Mahlati was sent to be a regional court prosecutor in Mthatha.
“While I was there I continued studying at night and by 1985 I was a magistrate and head of the station at Mqanduli,” he said.
By 1990, Mahlati was elected as the department’s legal adviser and later, after studying to become an advocate, he was appointed senior state advocate.
In 1993, he was elected as deputy attorney-general in the Transkei area.
“Within the same position, I then moved to the national office of Serious Economic Offences in Pretoria for a year.
“While I was there, I was thinking about leaving,” he said.
“But before I could make plans, I was asked if I wanted to move to Port Elizabeth.
“It was the best move I ever made. My family and I moved here and fell in love with the city and I knew this was the place where we would retire.”
By 2000, he had been appointed the first black director of public prosecutions in the Northern Cape, in Kimberley.
“By 2003, I was transferred back to Port Elizabeth and this is where I have stayed since.”
Asked about his future plans, Mahlati said he had been contacted by the ministry months ago and had been asked to stay on.
“I will be staying with the department and am currently ironing out the specifics. The plans will be announced in the near future,” he said.
“I will be staying in Port Elizabeth and commuting to where I need to be. I tell everyone that this is the place anyone would want to retire to.”
Since his departure earlier in the month, the reins have been handed over to advocate Indra Goberdan, the current Port Elizabeth deputy director of public prosecutions.
Goberdan has overseen several high-profile cases such as the highly publicised case involving convicted wife killer Christopher Panayiotou.
“It is really sad to see him [Mahlati] go but I am glad his years of experience are staying within the department.
“He has mentored me for years and I have learnt such a lot from him,” Goberdan said.
“He leaves behind a legacy of achievement, encouragement and work ethics that will always be part of the prosecutors in this division.”
Goberdan was previously based in the East London office as senior public prosecutor before her appointment in Port Elizabeth as the DDPP in 2015.
She was appointed senior public prosecutor of the East London courts in February 2003.