He has taken the nation's new National Public Prosecutions Director, advocating Shamila Batohi, almost two weeks to campaign in the case of Jackie Lepinka, allegation of a NPA worker from having received R20,000 in Bosas's monthly bribes.
The NPA, in response to questions from Daily Maverick, he confirmed that Jacky Lepinka was suspended Monday – making it one of the first injured for accidental evidence that arose from the State Hold query.
The PA company is one-time deputy director of national public prosecutions, Nomgcobo Jiba – and before then, assistant former Commissioner of Correctional Services, Linda Mti – is accused of feeding confidential internal documents to Bosasa over a number of years.
Former Bosasa CO, Angelo Agrizzi, Lepinka, who, in January, told the State query that she was part of a NPA trial and is allegedly a total of R130,000 per month to help extract information from & # 39; the organization.
Agrizzi of the name Jiba and a special director, advocate of Lawrence Mrwebi, are like the other two, although it is always packing cash to give Mti to paying, he had never been physically witnessed so.
Jiba has refused to accept any money from Bosasa, and on Thursday, appearing before the Mokgoro Inquiry to her fitness to hold a job, said:
"I've never met Agrizzi, I've never met (Gavin) Watson, I've never met Mti. You must have received money, but not that person to me. "
Also, Jiba said to her query that she never knew that Lepinka had previously worked as Mti's PA and agreed to be drawn from the Bosnia and NPA meetings after she was told.
According to daily reports by Govan Whittles eNCA, Jiba said that Lepinka had created a beautiful filing system to check cases and reports on those cases, including Bosasa.
"Its role was to ensure that, when I receive those reports, they are properly organized. "
By his post then, Lepinka had access to extremely confidential NPA documents.
Previously, Agrizzi assumed a list of NPA material purchased as if Bosasa, including documents of the name "Draft Pay Sheet: POC Gillingham dated April 30 2013," "Proposed Racketeering Memorandum (set CONFIDENTIAL DOCUMENT)" and "Progress Report on the Bosasa investigation".
One document has labeled as "Minutes (NPA / Extended Ministerial Meeting) dated 9 March 2010. The Secretary of the meeting is listed as J. Lephinka. The information contained here relates to guidance to & # 39; Minister of Justice, Jeff Radebe, by the head of NPA, Advocate Menzi Simelane. "
Daily Maverick he asked the APC to comment on establishing that she was a business with Lepinka – a code name "J" in the small books of the Agrizzi bribes – he continued in office at the secretarial pool at NPA in early February.
In an initial response to questions, the NPA, probably as an explanation, referred solely to the 2009 Labor Court award, probably to justify why no action was taken.
In a sequence soon after that, the NPA withdrew that response, saying that Lepinka's file had sent to Batohi and that all the relevant documents had been requested by the State Hold Commission.
Its intervention appears to be the result of this intervention.
Said labor law practitioner Daily Maverick That the 2009 issue referred to by the NPA, Mogotle vs the North West Premier and another, that there should be some objective reason for objective refusal to refuse access to a worker to the workplace based on the integrity of any investigation that is about to be misconduct.
Importantly, this Labor Court case determines that the employee has the opportunity to declare a case before making a final decision to stop.
On his face, it sounds extreme that an employer could be forced to keep an accused worker of wrongdoing due to a "prima facie" requirement of pre-arrest eruption.
The expert said: "A reason to develop in some public service HR circles, including the NPA, as the state is not more robust in preventing employees involved in State Hold is that these workers, beyond the provisions of the Public Service Act, still have a duty of fair deal. "
This, he says, includes preventative pre-prevention procedures and losing significant amounts of evidence before taking action – even for precautionary suspension.
The Public Service Act does not expect any of this. Indeed, all the point of investigation is to obtain evidence after reasonable suspicion, and a suspension is used to prevent workers from interfere with witnesses or evidence while the investigation is underway.
It is incredible that "fair deal", proposed by the Labor Court in the case of Mogothle 2009, could have reached the NPA previously. The expert said:
"This idea was decisively determined by the Supreme Court.
"As in so many things that are related to State Holding, it is hard to know if the wrong dependence on case law had to deliberately replacing or flowing from a lack of information. "
In 2014 Hawks officers gave Lepinka home to search for "missing" NPA material, either a document or laptop as part of an investigation.
The Hawks said Daily Maverick that his investigation had to be completed and that the file had sent to the NPA for a decision.
However, it could not be established immediately if this had been done during the last few months or years.
But it seems that Batohi, after assuming the NDPP post on 1 February 2018, had come into force – quickly – following the sudden allegations against Lepinka in the State Hold Commission. DM
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