W Cape director of public prosecutions asks for two new corruption courts

The Western Cape will have two new courts dealing specifically with corruption if Western Cape director of public prosecutions (DPP) Nicolette Bell has her way.

During a media briefing at the National Prosecuting Authority (NPA) offices in Cape Town on Friday Bell said she has motivated for two new courts to be opened, one in Bellville, Cape Town, and one in George.

According to Bell, over the past five years the prosecutors in the Western Cape have convicted 271 public officials for corruption and fraud-related offences.

“Many of these cases involved relatively small amounts of money but they are examples of our zero-tolerance approach,” said Bell.

“Our most notable prosecution resulted in the conviction of a provincial commissioner of police, Arno Lamoer, and several high-ranking brigadiers,” she said.

She said that most corruption cases in the Western Cape which resulted in municipal coffers being looted were in the southern Cape, however, the “methodology” the DPP had in place to prosecute these matters “did not necessarily result in investigations being expeditiously finalised and prosecuted”.

She said they have also motivated for a new satellite office for the DPP in George and for additional posts to staff the office.

Bell said the 44% vacancy rate at senior management level, in particular deputy directors of public prosecutions, had been brought down to 5% since she took over the position five months ago.

“Five vacancies have recently been filled, with two appointments pending,” she said.

Bell said the prosecuting authority in the Western Cape faced several challenges including a lack of public understanding of how the criminal justice system worked, especially when relatives of victims of murder and other violent crime sought justice.

“Prosecutors are there to institute all criminal proceedings on behalf of the state. In short, they are there to present and advance the interests of the victims of crimes.

“However, prosecutors are also officers of the court and must assist the court in arriving at a just outcome,” she said.

She also addressed public discontentment about bail being granted for dangerous individuals as was the case with the Western Cape’s most wanted criminal Yanga Nyalara.

Nyalara was released on bail under curious circumstances, as revealed in a TimesLIVE investigation, after allegedly committing a cash-in-transit heist  in the Eastern Cape in 2018. Nyalara was only arrested in June this year for 18 murders he allegedly committed after his release on bail.

“Our function is to participate in bail proceedings. As you know, an accused person has a constitutional right to apply for bail.

“During this process, prosecutors apply the law and ensure the relevant facts are placed before the judicial officer for them to decide on bail. The discretion to grant bail resorts with the judicial officer,” Bell said.

Asked how Nyalara and Ayanda Yisaka  — an alleged cash-in-transit robber who was also arrested in June for allegedly shooting nine people and killing four in Gugulethu — were granted bail, Bell said the cases were under judicial consideration and she could not comment.

“I know what happened in those particular instances but I’m not going to go into the finer detail because then we’ll have to go into the investigation and we’re not going to deal with that,” she said.

TimesLIVE