Days of Zondo: Robert McBride turns the tables on Werksmans law firm

Implicated parties from Transnet to Prasa and SARS have all felt the heat of the Werksmans’ precision factor, but now the tables have been turned on one of South Africa’s reputable law firms.

The IPID investigation had sought to uncover wrongdoing in a 2010/2011 case during which the Hawks arrested and handed five Zimbabwean nationals over to authorities in that country, two of them later dying as a result. The firm’s lead investigator, attorney Sandile July, has been served with a 3.3 notice, usually issued to parties implicated by witness testimony.

Ntlemeza had allegedly pestered Khuba to get the report to the NPA, telling him that he was “holding up” his progress.McBride told the Commission that Khuba submitted the initial report but had explained that there was further evidence, including cellphone analysis, still to come. Portions of the initial report that did not make it into the final one were not of “evidentiary” value and McBride testified that it was worrying that the ultimate focus of the Werksmans investigation was on the two conflicting reports only.There were lawyers involved on the prosecutions side , during the disciplinary hearings of the IPID officials and during the Werksmans investigation.

McBride said IPID’s independence is guaranteed by the Constitution yet Nhleko saw it fit to appoint a private law firm to scrutinise its work. McBride said it was not healthy that a private entity, such as a law firm, could be assigned cases that ultimately impugned the independence of constitutional bodies such as IPID.

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