Durban: Hawks hand down corruption charges to public prosecutor

A public prosecutor from Durban has been nabbed by a team of Hawks members from the Serious Corruption Investigations unit.

The suspect, believed to be a 39-year-old female who works for the National Prosecuting Authority (NPA), was approached and handcuffed by officers, at the Durban Magistrate’s Court, on Wednesday.

Durban prosecutor nabbed: Why was she charged with corruption?

According to police spokesperson, Captain Simphiwe Mhlongo, the investigation into the prosecutor’s conduct has been the subject of a surveillance project.

It is believed that a complainant approached law enforcement officers in Durban, alleging that the 39-year-old was using her position to siphon money from desperate people with ongoing cases.

In the legal justice system, public prosecutors are regarded as gatekeepers of criminal law. They work in tandem with police to prosecute individuals for crimes based on evidence provided to them

A starter in the profession can earn an estimated R25 308 per month. This, according to PayScale, amounts to an average annual gross income of R303 701.

This, apparently, was not enough for the Durban prosecutor. Captain Mhlongo revealed that right after the complainant accused the suspect of bribery, an undercover operation was launched.

“It is alleged the prosecutor demanded cash from the complainant in order to weaken a case of shoplifting against a juvenile,” Mhlongo explained.

The plan was to place the complainant at the Durban Magistrate’s Court, where the exchange of an undisclosed amount of money was going to be made.

Right on cue, the prosecutor was observed entering the court, on Wednesday.

“Members swooped in at the Durban Magistrate’s Court and observed the suspect receiving cash from the complainant. She was immediately placed under arrest and charged with corruption,” Mhlongo added.

While there is not much information available on the prosecutor, it can be confirmed that she will most certainly be disbarred. If found guilty, the 39-year-old can face a maximum of 18 years imprisonment.

“[the Prevention and Combating of Corrupt Activities Act] Precca imposes penalties for people who are convicted of corrupt activities – they are laid out in section 26. Hefty prison sentences can be imposed, as well as fines, and the guilty person may also be refused future work from the government.

“If convicted in the High Court, the guilty party can receive up to life imprisonment. If convicted in a regional Magistrates’ court, the guilty party can receive a sentence of up to 18 years in prison. If convicted in a district Magistrates’ court, the guilty party can receive up to five years in prison.”

Corruption Watch, Corruption and the law in South Africa