NDPP TO WITHDRAW CHARGES IN THE MATTER OF THE STATE VERSUS IVAN PILLAY AND TWO OTHERS FOLLOWING A REVIEW PROCESS
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NDPP TO WITHDRAW CHARGES IN THE MATTER OF THE STATE VERSUS IVAN PILLAY AND TWO OTHERS FOLLOWING A REVIEW PROCESS
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Rnw2587 2022-01-10
- Over 881,152 public service employees in South Africa have taken sick leave or incapacity leave since March 2020 due to COVID-19.
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220104 zondo report part 1 handover
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President ramaphosa tests positive for covid
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alists final (1)
The South African National Editors' Forum (SANEF) calls for an investigation into death threats directed at journalists from SABC's Lesedi FM for their coverage of local government elections in the Free State Province. The journalists, including Dimakatso Ratselane, Palesa Chubisi and Lahliwe Matsoso, received threats accusing them of being responsible for the ANC's defeat in the elections. SANEF is also concerned about attacks on the SABC by the ANC and its leaders, which encourages cyberbullying and undermines the important role of journalists.
Sanef and cfe fight sabc
Sanef and the Campaign for Free Expression (CFE) are taking action to ensure that the SABC's disciplinary action against Phathiswa Magopeni, the public broadcaster's head of news, takes place openly and transparently. They have argued to the chair of the hearing that the media should be allowed to attend the proceedings, which begin on December 17. Magopeni has been charged with negligence and bringing the SABC into disrepute after an investigative program aired in contravention of a court order. She alleges she is being targeted for resisting attempts to force her to carry an unscheduled interview with the president during the recent elections.
211128 c19 president's message
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Letter appointment of judges of constitutional court rsa
The letter discusses the appointment of two applicants as judges to the Constitutional Court of South Africa. It notes that the writer has no objections to the applicants. The letter recommends that candidates for judicial positions have a strong understanding of African jurisprudence and commit to continuing education on African legal traditions. It urges the president to discuss African jurisprudence with the shortlisted applicants before making the appointments.
Letter appointment of judges of constitutional court rsa
The letter discusses the appointment of two applicants as judges to the Constitutional Court of South Africa. It notes that the writer has no objections to the applicants. The letter recommends that candidates for judicial positions have a strong understanding of African jurisprudence and commit to continuing education on African legal traditions. It urges the president to discuss African jurisprudence with the shortlisted applicants before making the appointments.
Sanef presser sanef calls for transparency and a fair process on the sabc's...
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Statement of the monetary policy committee november 2021
The Monetary Policy Committee of the South African Reserve Bank increased the repurchase rate by 25 basis points to 3.75% in response to rising inflation risks. While South Africa's economy grew strongly in the first half of 2021, growth is expected to slow in the second half due to the July unrest and other factors. Inflation forecasts for 2021 and 2022 were revised upwards due to higher fuel, food and electricity prices. The risks to the inflation outlook are assessed as upside, though inflation is expected to remain close to the mid-point target over the medium term. Policy decisions will continue to be data-dependent and sensitive to risks in the uncertain economic environment.
Media statement
The South African government withdrew its support for the Miss South Africa pageant after the organizers decided to participate in the Miss Universe pageant being held in Israel in December 2021. Despite discussions, the organizers were unwilling to reconsider. The government cannot support the event due to Israel's well-documented human rights abuses against Palestinians. While acknowledging the personal impact, the Minister of Sport, Arts and Culture believes withdrawing is better for Miss South Africa's reputation and standing than participating in the event in Israel.
IEC
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Tor for shortlisting panel (final) (1)
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The term of the current Chief Justice of South Africa ends in October 2021. President Ramaphosa is calling for nominations to fill this role. He aims to promote transparency through an open nomination process that allows for public participation. Nominations must be accompanied by endorsements and submitted by October 1st. A panel of eminent legal experts will then shortlist 3 to 5 candidates. The President will consult on this shortlist before appointing the next Chief Justice.
Letter of dismissal to cde carl niehaus 9 september 2021
The document is a letter from the African National Congress (ANC) to Mr. Carl Niehaus, an ANC employee, summarizing his dismissal. It acknowledges receipt of Niehaus' response to an earlier letter requesting reasons why he should not be summarily dismissed for his conduct. The ANC notes Niehaus' response did not clarify allegations and instead attacked the ANC. The letter details prior warnings issued to Niehaus in 2020 and 2021 for behavior undermining the ANC. Most recently, Niehaus distributed a media alert inviting media to witness him laying criminal charges against ANC leaders, which the letter states was a deliberate act of misconduct intended to damage the ANC's image. The ANC concludes
Vaccine
1) A rally against mandatory vaccinations is planned outside of Groote Schuur Hospital this weekend, which is disrespectful to health workers who risk their lives saving others and do not deserve harassment at work.
2) South Africa does not have a policy of mandatory vaccinations, and the rally organizers provide no details and previously promoted vaccines as "the devil's work".
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This document discusses the importance of protecting whistleblowers in South Africa. It notes that as corruption investigations have progressed, witnesses have faced threats, intimidation, and even death. It specifically mentions the murder of Babita Deokaran, who was a key witness in a corruption investigation. The document calls for reviewing protections for whistleblowers as the fight against corruption intensifies, and strengthening support systems and addressing legal/policy gaps to protect their safety, livelihoods, and reputations. It praises whistleblowers for their brave public service in exposing corruption.
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NDPP TO WITHDRAW CHARGES IN THE MATTER OF THE STATE VERSUS IVAN PILLAY AND TWO OTHERS FOLLOWING A REVIEW PROCESS
- 1. MEDIA STATEMENT NDPPTO WITHDRAW CHARGES IN THE MATTER OF THE STATE VERSUSIVAN PILLAYANDTWO OTHERS FOLLOWINGA REVIEW PROCESS Friday7 February2020 The National Directorof PublicProsecutions,AdvShamilaBatohi hasdecidedtowithdraw charges againstIvanPillay(Pillay),AndriesJanse VanRensburg(VanRensburg)andJohanVanLoggerenberg (VanLoggerenberg) (collectively“the accused”).The NDPPhasinformedrelevantprosecutorsandthe lawyersrepresentingthe accused(the “Defence”) of thisdecision. PillayandVanRensburgare chargedwiththe allegedcontraventionof Section49(1) of the Regulationof Interceptionof CommunicationandProvisionof CommunicationRelatedInformationAct,No70 of 2002 (Count1). The essential allegationsare thatPillayandVanRensburgauthorisedthe installationof surveillance equipmentatofficesof the Directorate of Special Operations(DSO) inthe National ProsecutingAuthority(NPA),andthe interceptionof communicationatthose offices,withoutan interceptiondirection. PillayandVanLoggerenbergare chargedwiththe allegedcontraventionof Section10of the Prevention and Combattingof CorruptActivitiesAct,No12 of 2004 (Count2). In the alternative,theyare charged withcontraveningsection3of the saidAct. The essentialallegationsare thatPillayandVan Loggerenberg,whilstinthe employof SARSgave,oragreedtogive,toa certainindividual (name withheld)anunauthorisedgratificationof approximately R100000 incash, inrelationtothe exercise or performance of the saidindividual’spowersdutiesandfunctionswithinthe scope of hisemployment relationship.Inthe alternate charge,PillayandVanLoggerenbergare allegedtohave given,oragreedto give tothe saidindividual,anillegal gratification. Thismatter hassince beenthe subjectof protractedlitigationandcommunicationbetweenthe Defence and the NPA. Followingthe Defence submittingrepresentationstothe NDPPinsupportof a requestto have the decisiontoprosecute reviewed,the NDPPappointedaReview Paneltoconsiderthe matter,andto
- 2. provide herwithanopinionandrecommendations.The PanelcomprisedDirectorof Public Prosecutions,Mr.Barry Madolo,ActingDirectorof Public Prosecutions,Adv.IndraGoberdan,and DeputyDirectorof PublicProsecutions,Adv.AdrianMopp. The Panel finaliseditsworkandsubmittedareportwithrecommendationstothe NDPP.Afteracareful assessmentof the evidence andotherrelevantmaterial, the unanimousconclusionof the Panel in respectof all counts,is that there are no reasonable prospectsof asuccessful prosecution.The Panel recommendsthatall chargesagainstthe accusedbe withdrawn. Wheninstitutingormaintainingcriminal proceedings,aprosecutorshouldproceedonlywhenacase is well founded,uponevidence containedinthe police case docketreasonablybelievedtobe reliableand admissible,andshouldnotcontinue suchproceedingsinthe absence of suchevidence,thatis,if there is no primafacie case. In termsof the ProsecutionPolicyof the NPA,aprosecutor,indecidingwhethertoinstitutecriminal proceedingsagainstanaccusedperson,mustassesswhetherthere issufficientandadmissibleevidence to provide areasonable prospectof asuccessful prosecution,otherwise,the prosecutionshouldnotbe commencedorcontinued. The ProsecutionPolicyprovidesfurtherthatthe testof a reasonable prospectmustbe appliedobjectivelyaftercareful deliberation,toavoidan unjustifiedprosecution. The ProsecutionPolicystatesthatvariousfactorsare to be consideredwhenthe prosecutorevaluates evidence,notably(i) the strengthof the case forthe State,(ii) the availabilityof evidence,(iii) whether the State witnessesare likelytobe credible,(iv)the admissibilityof evidence,(v) the reliabilityof evidence,and(vi)the strengthof the case forthe defence. Exercisingprosecutorial discretionrequiresprosecutorstoassessthe evidence andthe substantive criminal law,andto follownecessaryprescriptsandprescribedprosecutorialdirectivesorguidelines,in orderto determine whetherandhowto bringa criminal case forward. Prosecutorial discretionmustbe exercisedingoodfaith,basedonanimpartial,independent,honestassessmentof the evidence,the law and the publicinterest,andinamannerconsistentwiththe Constitution,the NPA Act,the Code of Conductfor Membersof the NPA and the ProsecutionPolicydirectivesandguidelines. In line withthe above,the NDPPhascarefullyconsideredthe Panel’sreport,the evidence andother relevantmaterial,andhelddiscussionswiththe panel.The NDPPagreeswiththe Panelthatthere are no reasonable prospectsof asuccessful prosecutioninthismatter.
- 3. As a result,the NDPPhasdecidedthatchargesagainstall the accusedwill be withdrawn. Issuedby: Ms BulelwaMakeke Headof Communications National ProsecutingAuthorityof SouthAfrica +27 84 702 5617 / media@npa.gov.za