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Radebe job-hunts for Mpshe

SELLO S ALCOCK | JOHANNESBURG, SOUTH AFRICA - Feb 05 2010 06:00

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Justice Minister Jeff Radebe has been working hard to secure a new job for the prosecutions chief who dropped charges against President Jacob Zuma, the Mail & Guardian has learned.

Mokotedi Mpshe has been appointed an acting judge -- setting him on a path towards a more permanent position on the Bench.

It is understood that to pave the way for the appointment, Radebe approached at least two senior high court judges.

Mpshe, who took over as acting National Director of Public Prosecutions after Vusi Pikoli was axed, went on to let Zuma off the hook. The equally controversial Menzi Simelane has since been appointed to the post.

Radebe has now finalised Mpshe's appointment in the North West Provincial Division after first trying to get him a post in the Western Cape.

The Constitution allows Radebe, in consultation with the most senior judge of any high court, to appoint acting judges.

However, his determined "shopping around" on Mpshe's behalf has fuelled perceptions that Radebe is fast-tracking him to the Bench as a reward for relenting on the graft charges against Zuma.

It will raise questions, too, about the separation of executive and judicial powers, still a fraught issue in the aftermath of the long battle over Zuma's charges.

Mpshe decided not to prosecute Zuma after recordings gathered by the National Intelligence Agency (NIA) revealed a political conspiracy against the ruling party's president.

CONTINUES BELOW

He was later forced to admit that much of his legal argument for the decision had been plagiarised from a Hong Kong judgment later overturned on appeal.

Focus on the provinces
A source in the Western Cape division told the M&G that Radebe had telephoned the acting judge president of the division, Jeannette Traverso, to ask that she make an acting position available to Mpshe.

The call took place on Wednesday last week, this person said. When it did not bear fruit immediately, it seems Radebe turned to the North West division.

One judge with extensive experience of the procedures surrounding acting appointments told the M&G the "pressure" applied by Radebe was highly unusual.

"The way it usually happens is that the judge president concludes that one or more acting judges are required to cover for colleagues working in, for example, the Labour Court, or on long leave. He or she then turns to people who may be considered suitable.

"Of course, people may make suggestions -- pointing out a particularly promising advocate, for example. Also, the Council of the Bar may be approached for suggestions.

"Previous justice ministers may have lobbied for their friends, but this degree of pressure and shopping around is really extraordinary and disturbing."

Radebe's spokesperson, Tlali Tlali, confirmed that Radebe had approached Traverso but vehemently denied that he had "shopped" around to secure a position for Mpshe: "Those desperate to generate sensation out of this appointment will conveniently omit to state … what our legal framework provides for. The minister exercised constitutionally conferred authority." There was nothing "irregular" about Mpshe's appointment, he said.

Radebe's request to Traverso is complicated by the fact that one of the judges on leave in the Cape is her boss, John Hlophe, who was accused of campaigning for the dropping of charges against Zuma.

Traverso, after being a close ally of Hlophe early in his career, was accused by him of racism in 2004-05 and has since been a quiet adversary.

Asked whether Mpshe would appear before the Judicial Service Commission (JSC) in April, Tlali said: "That's putting the cart before the horse. The JSC doesn't interview candidates who do not make themselves available for permanent appointment."

The JSC is due to interview candidates for various vacancies in Cape Town from April 12 and the M&G has established that Mpshe's name is not one of the five nominations received to date by the JSC.

Traverso did not respond to a telephone message.

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Comments

Its not what you know but who you know. I am not surpirsed this was such a difficult thing for Radebe to do. There can't be allot of legal eagles that have been able to do away with 700+ fraud charges for somebody and still find employment in the same field. No wonder they(ANC) would like him as a judge.

Apoc Rules on February 5, 2010, 6:17 am

Not surprising, that's how the anc operates.......just another day in bananaland.

Mshengu Tshabalala on February 5, 2010, 6:31 am

Is seperation of power slipping away? Will we pretty soon have ANC aligned judges on the bench?

The ANC, selling the soul of South Africa. Piece by piece.

Sinudeity @gmail.com on February 5, 2010, 6:50 am

Oh boy! Talk about revolutionary means of taking over the levers of powers in their entirety. The now control the NPA(literally) and the are in the process of having another sypathetic guy on the bench. That is just fanstastic.

Makgale Molepo on February 5, 2010, 7:00 am

Jeff Radebe... "Irredeemable government stooge"

Marius de Kock on February 5, 2010, 7:19 am

Jeff Radebe and Simpiwe Nyanda are the two biggest threst to SA. Mainly because they're arrogant and suffer from inferiority complex.

Mothopele Mick on February 5, 2010, 7:29 am

I wonder what happened with Sello and Hlope off the record cape town meeting. Ever since Hlope denied the report, we are yet to hear the final "MG truth". I suspect journalists makes up stories at some point and make us to believe them because we are lazy to find or demand more information than just a smokescreen news they sell us. I mean, what is tangible here to suggest that indeed Radebe transgressed his Constitutional mandate by appointing a deputy judge, it is his mandate given by the very Constitution some clueless people claim to know........

lenate mogale on February 5, 2010, 7:37 am

For a man who stole a judgement and concealed it is quite embarrasing to say the least not to mention dismissable and something the members of the bar should called to acount for one of its members!!!!!!!!!!!!!

Craig Smith on February 5, 2010, 8:08 am

If the make belief stories in the M&G are not to you liking, Lenate, stop reading it. And turn to that bastion of journalistic reliability, Isolezwe , for that fantastical approach that you need to keep your delusions maintained

Kery Day on February 5, 2010, 8:14 am

And so the Zimbabwefication of SA gathers momemtum. But remember, and as comments show, this behaviour has lots of support in SA. A very clear pointer as to which way we are heading.

SA Eish on February 5, 2010, 8:26 am

People, there is still time but not much to vote these criminals out.

Alan Watkins on February 5, 2010, 9:28 am

Alan Watkins. You will need to write your comment in all 11 SA dialects as well as post a short visual clip, or else nothing is going to happen. Nice try dude.

Apoc Rules on February 5, 2010, 11:57 am

I hope Mpshe gets the big job at some point in the future. We need people like him. The integrity and the refusal to be influenced by the media against Zuma in that case speaks for itself. The man has more mettle than the DA has racism towards africans

Great job by Jeff Radebe

Bluntly Spoke on February 5, 2010, 12:28 pm

Big Daddy looks after those who look after Big Daddy.

R2 D2 on February 6, 2010, 9:49 am

The precedent is the promotion of Braam Lategaan to judge after he cover-up for the Nats in the Infogate scandal.
The ANC gets more and more like the despicable apartheid regime day by day.

Animal Farm!

V 3 on February 6, 2010, 11:19 am