Sizwe Mchunu, MPP
Leader of the DA in the KZN Legislature
The National Prosecuting Authority (NPA) has opposed court action by the Democratic Alliance aimed at forcing the entity to disclose the record of decision leading to charges of fraud and racketeering being dropped against two senior KZN ANC politicians in the so-called “Amigo’s” case.
Yesterday the NPA filed an opposing affidavit after the DA announced last month that it would take the matter to court on the basis that the contents are in the interests of the KwaZulu-Natal public.
The legal team acting on behalf of the DA will now prepare a response and the matter will be set down on an opposed motion roll. We predict that arguments and judgement will take place in November.
At issue here is the inconsistency in the application of the law in South Africa. We can’t have one concept of justice for the powerful and connected and another for ordinary citizens. At the heart of the DA’s case is the need for the public to have confidence in the independence of the NPA as well as those elected to lead them.
Last month the DA announced that it would go after the NPA record of decision. This, after the authority denied a DA Public Access to Information Application late last year on the grounds that the contents were confidential in nature.
The public has the right to know why these senior politicians are not being prosecuted as part of the Amigo’s case. We believe that the NPA’s dropping of charges against Nkonyeni and Mabuyakhulu warrants a public explanation, given that this happened almost overnight while their co-accused still face trial.
The DA’s commitment to obtaining the record of decision remains firm. We will continue to fight for the KwaZulu-Natal public to know the truth behind this decision.