NPA won't budge as EFF again calls for removal of Chaskalson and Pretorius

The two lawyers are the best to help prosecute state capture matters, says NPA

The EFF continues to demand the removal of senior counsel Mathew Chaskalson and Paul Pretorius, who were appointed as consultants for the National Prosecuting Authority (NPA) to lead prosecutions related to the state capture commission of inquiry cases.

Though EFF spokesperson Leigh-Ann Mathys conceded the appointment of Pretorius and Chaskalson was not unlawful, she argued there was a conflict of interest as they had been evidence leaders for the commission led by former chief justice Raymond Zondo.

“The irregularity lies in the conflict of interest, wherein the pair will be prosecuting aspects of evidence they developed and led at a separate forum and, by design, will gain access to sensitive information through what the EFF has correctly labelled as a blind raid requested by (national director of public prosecutions) Shamila Batohi.

“This unscientific and unspecific raid by the NPA is requested to access all the data held by the justice department in relation to alleged crimes exposed in the Zondo commission,” she said.

Mathys was adamant security clearance was required before the appointments of the two lawyers.

“Logically, anyone who will form part of the prosecutorial process of the Zondo commission will require access to sensitive data, information and evidence, which will in turn mean that they require a certain level of security clearance.

“Considering the NPA's attempts to gain access to all data held by the justice department in relation to the Zondo commission, for Pretorius and Chaskalson to prosecute Zondo commission cases without access to sensitive data and the relevant security clearance is a futile exercise and wasteful expenditure.”

She said that, conversely, for them to have access to this data without the necessary security clearance would be illegal and left room for the misuse of the data for manipulative purposes.

NPA spokesperson Mthunzi Mhaga defended the appointments, saying Pretorius and Chaskalson were the best candidates to help in the prosecution of the state capture matters.

“If you look at the state capture cases and other complex commercial crime cases, there are a lot of interlocutory applications that are brought in between the criminal prosecution and those of a civil nature.

“In the NPA, we have rare skills when it comes to civil litigation, we then go outside the NPA to seek approval of the minister of justice to appoint private counsel with the necessary skills and expertise in those complex cases to strengthen the prosecutorial capacity,” Mhaga said in an interview with Newzroom Afrika. 

Mhaga said security clearance for the two senior lawyers would not be necessary as they would not have access to sensitive data.

“There is no requirement for top security clearance for private counsel appointed to do just the prosecution in specific cases because they will not have access to classified information,” Mhaga said.

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