The leaked tapes- More questions than answers
Friday, March 12, 2021
According to assistant Director of Public Prosecutions (DPP), Priscilla Israel, the cases were investigated backwards. That much, is clear from the leaked tapes. I cannot recall how many times I have complained about this horrendous practice, both inside and outside the courts. Same raises public expectations by peddling unverified evidentiary material, as evidence. Once the State has committed, it becomes difficult to retreat, in light of public expectations, and fears of sanction. The State, therefore, engages in a campaign of malicious prosecution as a face saving measure. In the NPF case under reference, we spent the first three years dealing with a charge sheet, that changed colours like a disco light.
Attorney Israel, characterises their approach as a prosecution guided investigation (PGI). The practice is unknown in our justice system. I dare say, it is downright illegal. The powers of the DPP are spelt out, under Section 51 (a) of the constitution. Guiding investigations is not one of them. As such, the meeting, was illegally constituted. Investigations and intelligence, are matters between the Directorate on Corruption and Economic Crime (DCEC) and the Directorate of Intelligence and Security (DIS). The DPP acted ultra vires.
It highlights the need to protect rights such as access to clean water, education, healthcare and freedom of expression.President Duma Boko, rightly honours past interventions from securing a dignified burial for Gaoberekwe Pitseng in the CKGR to promoting linguistic inclusion. Yet, they also expose a critical truth, that a nation cannot sustainably protect its people through ad hoc acts of compassion alone.It is time for both government and the...