Why the NPA has a convicted rapist on its books

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DURBAN - A SENIOR KwaZulu-Natal prosecutor recently sentenced to 13 years in jail for rape, bribery and defeating the ends of justice is still working for the National Prosecuting Authority (NPA). Senior public prosecutor Richard Sizwe Buthelezi was convicted in the Pietermaritzburg High Court in January. During sentencing in April, Buthelezi received 10 years’ imprisonment for rape, five years for attempted rape, five years for corruption and a year for defeating the ends of justice. Buthelezi was released on bail pending the outcome of an appeal against the sentence. Until recently, he was still serving as a prosecutor in northern KwaZulu-Natal and is now doing administration duties.

Senior public prosecutor Richard Sizwe Buthelezi has been convicted and sentenced to a lengthy prison term for serious crimes, including rape and bribery, but is still working for the National Prosecuting Authority. Picture: Northern Natal Courier

It emerged during Buthelezi’s trial that he had forced a young woman who was attending court with her boyfriend in 2013 to perform a lewd act in his office and allegedly attempted to rape her.

He then tried to bribe the woman and her boyfriend to prevent them from laying charges.

Although the KwaZulu-Natal Director of Public Prosecutions, advocate Moipone Noko, recommended Buthelezi’s suspension in April, head office had not yet suspended him.

This is disclosed in correspondence between Noko and Lall Badrinarain, a security boss in Danhauser, northern KZN.

This was after Badrinarain had refused to have Buthelezi serving as a prosecutor in a case concerning him.

“I don’t believe someone like Buthelezi with a criminal record would be an objective person in court,” Badrinarain told the Sunday Tribune this week.

In her correspondece with Badrinarain, Noko said: “A day after the high court outcome, on April 5, I had written to our head office in Pretoria, requesting his suspension from the service pending his appeal.”

“As the DPP, I do not have the power to suspend officials; only head office has. So I can only put in a request for that, as I did in this case,” said Noko.

“This means that I have taken away his authority to prosecute in KZN. This is the only option that I have and what is within my powers to do under these circumstances,” said Noko.

“However, having not been suspended, he still goes to work, but is allocated duties other than prosecution,” wrote Noko.

The NPA’s chief director of communications, Bulelwa Makeke, said it was not accurate to say that Buthelezi continued to prosecute cases or undertake “normal duties” since he was confined to “administrative responsibilities”.

Elaborating, he said Buthelezi had been placed on precautionary suspension after his arrest in 2013 and then special leave. Buthelezi had subsequently claimed unfair suspension.

Disciplinary procedures against Buthelezi were set in motion from September 15, 2016, and a disciplinary hearing was now scheduled to sit from June 25 to 29 to finalise the matter, in compliance with the disciplinary code, Makeke said.

Mukoni Ratshitanga, spokesperson for Justice and Correctional Services Minister Michael Masutha, said his department was very concerned about Buthelezi’s matter.

“We hope that it is brought to finality speedily because it affects the image and the standing of the country’s justice system.

“Our department supports the withdrawal of Buthelezi’s prosecution delegation because we believe that someone who is accused of serious crimes cannot be a judicial officer.

“Our justice system must have integrity and such crimes undermine the integrity of the justice system,” said Ratshitanga.

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SUNDAY TRIBUNE