NDPP WELCOMES JUDGMENT SETTING ASIDE THE CONVICTION AND WARRANT OF ARREST AGAINST PROSECUTOR, MKHUSELI NTABA

The National Director of Public Prosecutions (NDPP), Advocate Andy Mothibi welcomes the judgment delivered today by the Mpumalanga Division of the High Court, Middelburg, wherein two Judges set aside the conviction and a warrant of arrest against Advocate Mkhuseli Ntaba. This judgment follows the NPA’s legal challenge to the order by retired Chief Magistrate Tuletu Tonjeni in the matter of State v Sibanyoni and Others. The High Court found that there was no justifiable basis for the conviction of the prosecutor for contempt of court. Furthermore, the authorisation of the warrant for his arrest was not legally sustainable and therefore set aside both the conviction and the warrant of arrest.

This judgment is a clear demonstration that the NPA will vigorously challenge any decision that it believes to be legally wrong to ensure procedural fairness, judicial accountability, protection of the interests of the NPA and its Prosecutors, and the proper administration of justice.

The NPA has consistently maintained that concerns arising from the way the magistrates’ court proceedings were conducted raise important issues relating to procedural fairness, judicial decorum, and the integrity of the criminal justice system. These concerns further informed the decision to lodge a formal complaint with the Magistrates Commission for consideration through the appropriate oversight mechanisms.

The NPA reiterates that its actions have always been guided by the Constitutional obligation to uphold the rule of law and to ensure that justice is administered fairly and without fear, favour or prejudice. The NPA remains committed to protecting the rights of all parties while safeguarding the integrity of prosecutorial processes.

The NDPP, Adv Mothibi said “In as much as there is a need to ensure prosecutorial integrity by holding our prosecutors accountable, the NPA will equally ensure there is judicial accountability in cases that warrants intervention by the Higher Courts. The NPA puts premium at protecting the interests of the organisation and prosecutors, prosecutorial independence, upholding the rule of law and effective functioning of the criminal justice system”.

Issued by:

Kaizer Kganyago

National Spokesperson