DA intercession rescues Special Commercial Crimes Unit of NPA

The decapitation and disbandment of the Special Commercial Crimes Unit (SCCU) was reversed after I addressed the President in his budget vote debate yesterday. All SCCU prosecutors have been told to report again to their head, Special Director Chris Jordaan, and not to the provincial divisions.

I pointed out to the President that the entire Special Directorate was created under Presidential Proclamation and could only be changed or dissolved by the revocation of the Proclamation. We may learn in the President's reply today what his own role in and position on this development is.

The damage control may also have emanated from:

• The National Director of Public Prosecutions (NDPP) himself, after we revealed this week that the National Prosecuting Authority (NPA) falsely claimed to the prosecutors' union (the PSA) that Adv Jordaan was retiring and that the "restructuring" of the SCCU was only the "effect" of that retirement (Adv Jordaan is not retiring);

• The Justice Minister, who has suffered the indignity of having his instructions to halt the restructuring of units which the DA revealed to him in the Justice committee on 21 April  ignored by Adv Simelane; and of having his somewhat smug claims during  the Justice debate last Wednesday 5 May that his "final responsibility" for the NPA "works" disproved;

• The ANC Justice MPs, who gave us a sympathetic hearing on this last Tuesday when we requested the recall of Adv Simelane to present a new strategic plan after we exposed  the false statement about Adv Jordaan's retirement;

Or all or some combination of the above.

What is important is that South Africans have their best corruption busters back. The SCCU handles 3000 cases per year and has secured spectacular conviction rates of 94% for commercial crimes. Perhaps we have to ask if the SCCU is just too good for the ANC and its cronies' comfort.

The DA believes the NPA should be truly independent, and that Parliament, and not the President, should appoint the NDPP.

Statement issued by Dene Smuts, MP, Democratic Alliance shadow minister of justice and constitutional development, May 13 2010

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