PRIME Minister Sam Matekane now has his boot on Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane’s neck. After weeks of mild manoeuvres, Matekane has now taken a giant step towards removing Advocate Motinyane.
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The prime minister has asked Advocate Motinyane to explain why she cannot be impeached over a plethora of alleged transgressions.
Advocate Motinyane received the show cause letter this week.
The letter shows that the prime minister is getting ready to advise the King to appoint an impeachment tribunal to investigate Advocate Motinyane.
That is the first step towards the DPP’s removal.
Although thepost has not seen the letter, several sources have confirmed that Matekane is accusing the DPP of incompetence, mismanagement, poor leadership and wasteful expenditure.
Matekane alleges that Advocate Motinyane failed to expedite the prosecution of the so-called high-profile cases, especially those of several soldiers charged with murder, attempted murder, treason and arson.
The prime minister says despite very little progress on the trials, the DPP has paid huge amounts to lawyers hired to prosecute the cases.
There are allegations that Advocate Shaun Abrahams, the South African lawyer that the DPP hired to prosecute some of the cases, has pocketed millions in legal fees from the government.
thepost understands that the prime minister also accuses Advocate Motinyane of failing to properly lead her department.
He also alleges that the police and the Directorate on Corruption and Economic Offences (DCEO) have repeatedly complained about Advocate Motinyane’s failure to prosecute cases.
The DCEO prosecutes its cases but has to seek the DPP’s approval.
The move to push out Advocate Motinyane started gathering momentum in February when the government tried to demote her to the junior position of adviser to the Attorney General.
The government offered to soften the blow and sweeten its offer by promising to maintain her salary and benefits.
Minister of Law and Justice, Richard Ramoeletsi, spent weeks trying to persuade the DPP to accept the new position but she resisted, viewing it as a demotion and a humiliation.
The constitution says the DPP may be removed only for “inability to exercise the functions of the office (whether arising from infirmity of body or mind or any other cause) or misbehaviour…”
It stipulates that the King shall appoint an impeachment tribunal made of three members, a chairman and at least two members selected by the Chief Justice from current or former high judicial officers.
The tribunal will conduct an investigation and make recommendations to the King.
There has been speculation that Motinyane could have ruffled feathers by resisting political pressure to influence her decisions.
The DPP was not answering her phone at the time of going to print last night. Ramoeletsi could not be reached for comment.
Staff Reporter
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