Sizwe Mchunu, MPP
Leader of the DA in the KZN Legislature/ DA KZN Provincial Leader
Tomorrow marks the deadline by which the National Prosecuting Agency (NPA) must respond to a DA court application for the record of decision leading to charges of fraud and racketeering being dropped against two senior KZN ANC politicians.
In September last year, the NPA withdrew charges against provincial Speaker, Peggy Nkonyeni and ECOD MEC, Mike Mabuyakhulu, both of whom were earlier linked to a multi-million rand water purification scandal.
On Monday, 6 May the DA filed court papers in a bid to compel the NPA to release the records of decision which led to this outcome. This, after a November 2012 Public Access to Information application (PAIA) bid was refused on the basis that the records contain representations “confidential in nature” and “because there were “no prospects of a successful prosecution against these people”.
Both Nkonyeni and Mabuyakhulu remain in high office in the province and the KZN public has a right to know why the charges were dropped.
The DA is optimistic that the NPA will choose to honour its constitutional obligation of impartiality and transparency and that the information requested in the court application will be handed over by the close of business tomorrow.
Should the NPA fail to reveal the records of decision, the DA will have no alternative but to take further legal action.