----- Forwarded Message ----
From: Sithembewena tsembeyi <[email protected]>
To: Tumi Gopane <[email protected]>
Sent: Fri, March 26, 2010 5:51:35 PM
Subject: Re: Re: [YCLSA Discussion] Jub Jub prosecutor relieved of duties
I am sorry that you have failed to know the criminal procedural acts, and
however for you to come to conclusions that are un-informed are a sign of the
latest workerist tendencies facing your likes, I believe you know of the Saying
entrenched within the constitution of the country that goes... "innocent until
proven guilty.."
However let us assist you chief, what is meant by that is that it is understood
by the law of this country that anyone including Jub-jub is reffered as a
suspect/acused, meaning the state has to firstly prove that he has indeed done
the act or not, it is by this not given as many and you may assume that course
that was his car and he was on the scene it is he who was either driving or who
coursed the said accident, by this he is still Scot free but on the watch of
suspicion that the state should convince the court, which by the way is
independent.
Then it is also by these said in the same constitution that guides our
principles as a country that he is entitled to bail, however there some other
aspects that the state should prove for the court not to grant bail, probably
you are also not familiar with... so let me assist you again...
For the State to prove the none-granting of bail to any accused/suspect it
should prove that he is/might be a threat to the proceedings of the
investigation, trough possible intimidation, contact or any engagement with
witness and or the victim, secondly the state should also prove that the
accused/suspect is a flight risk and this is very hard to prove, as we know
that we have a judicial interlining with other international countries and
lastly the state has to prove that either the suspect/accused life might be
endangered well that you know that is impossible.
So what ever is said in the article is unscientific and has not been officiated
by the NPA and well it is for many possible reasons that the NPA may remove the
presiding prosecutor, and however the distortions that go around trying to
convince people that the SA prosecution authority is incompetent is
orchestrated to mislead some like you, who fail to put analysis in any other
issue and vividly come with rhetoric conclusions, probably you dont know there
are many different circumstances that you should firstly consider for the
initial case.
Firstly for the base application/hearing is a complete different procedure than
the initial court proceedings of the initial crime, one the Judge/magistrate
who had presided in the bail hearing may or will not be the same in the actual
case, so now the NPA is currently preparing the case not a bail hearing and
there has no revocation of bail that the NPA applied for so it is also within
the NPA now to chose who will be leading the case, and a person with
appropriate expects shall in my knowledge be appointed by the NPA to prosecute
the case.
So Chief First get your facts straight rather than to insult my country.
Hasta seimpre la comandante
Sithembewena Tsembeyi
Socialismo o Muerte
________________________________
From: Tumi Gopane <[email protected]>
To: Sithembewena tsembeyi <[email protected]>;
[email protected]
Sent: Fri, March 26, 2010 5:17:06 PM
Subject: RE: Re: [YCLSA Discussion] Jub Jub prosecutor relieved of duties
My point is very simple. I do not think that it is appropriate to give a man
bail who “accidentally” killed four kids whilst engaging in illegal activities
in the first place. These deaths were not as a result of a sober hard working
man driving home from work to see his family. Bail is not only a function of
flight risk as far as I understand the law. The man that then rightfully
decides to oppose bail; who is certainly a farther and probably a grandfather
is then coincidentally shuffled around and moved from the case. To me those are
signs of slumping into a Banana Republic as a country; where seemingly who you
know and position in society seemingly determine how the law is applied on you.
Instead of disagreeing with me logically or factually where you have facts, you
engage in personal attacks. This is very characteristic of people who cannot
use logic and facts to debate issues, but rather divert the discussion into
unnecessary personal and
emotional attacks. I am sorry but I do not have the time nor the energy to
invest in personal attacking discussions. Regards,
Tumelo G.
________________________________
From: Sithembewena tsembeyi
To: [email protected]
Sent: Fri Mar 26 16:46:25 SAST 2010
Subject: Re: [YCLSA Discussion] Jub Jub prosecutor relieved of duties
Ideological Vendor based on rhetoric, compradorial Ideological hermaphrodite
logic again here you go.
Learn to discuss with content failure to that we would request VC to use the
Force removal from this blog.
Hasta Siempre la comandante
Sithembewena Tsembeyi
Socialismo o Muerte
________________________________
From: Tumi Gopane <[email protected]>
To: Dominic Tweedie <[email protected]>;
[email protected]
Sent: Fri, March 26, 2010 4:37:25 PM
Subject: RE: [YCLSA Discussion] Jub Jub prosecutor relieved of duties
Banana Republic based on the Lamprecht issue, here we come.
________________________________
From: Dominic Tweedie
To: [email protected]
Sent: Fri Mar 26 15:41:30 SAST 2010
Subject: [YCLSA Discussion] Jub Jub prosecutor relieved of duties
Jub Jub prosecutor relieved
of duties
Sonja Carstens en Dani?lla du Plooy,
Beeld, Johannesburg, 25
March 2010
Johannesburg - A
chief State prosecutor has been relieved of his duties after he refused
to
execute the orders of Menzi Simelane, head of the National Prosecuting
Authority (NPA).
The orders were that he should not contest bail for the
musician Jub Jub.
Andr? (Lampies) Lambrecht, 60, chief State prosecutor of the
West Rand, was given the order three times.
Gladstone Maema, acting director of public prosecution (DPP)
in Gauteng, phoned Lambrecht twice to say Simelane had given the order.
Maema
repeated the order to Lambrecht for the third time in person.
Lambrecht refused to execute the order unless he received it
in writing, which he did not receive.
Lambrecht didn't respond to Simelane's verbal order, and the
State did oppose Jub Jub's bail application.
Visit from Malema
On Friday Magistrate Andr? Auret granted bail of R10 000 to
Jub Jub (Molemo Maarohanye).
The hip hop star is facing murder charges since he was
involved in a car race which ended in a crash which killed four
schoolboys in
Soweto.
One day before Jub Jub's bail application was set to begin,
he received a visit in detention from Julius Malema, president of the
ANC Youth
League.
Maema gave Lambrecht a letter on Tuesday in which he was
relieved of his managerial duties and told to work as a prosecutor in
court. No
reasons were given.
Lambrecht has been chief State prosecutor of the West Rand
for the past ten years. The prosecutors of Krugersdorp, Soweto,
Randfontein and
Roodepoort, among others, fall under him.
Magistrate Gert Jonker, chief magistrate of Johannesburg,
said in response to a question that the court management was informed
on
Thursday morning that Lambrecht has been relieved of his managerial
duties.
"I'm shocked. He was an extremely capable chief prosecutor."
'Unreasonable
treatment'
Manie de Clercq, deputy head manager of the Public Servants
Association (PSA), said the case has been reported to the civil service
union.
The union will be taking steps in accordance with the Labour
Act to support Lambrecht with the "unreasonable treatment" he
received from his employer.
Lambrecht was demoted without any disciplinary steps taken
against him.
Jan Henning, former deputy chief of the NPA, described
Lambrecht as "one of the pillars which keeps the prosecuting authority
in
the lower courts standing".
"If that (what happened) is the case, it's a harsh
insult to someone who doesn't deserve it at all and to someone who has
made a
much bigger contribution to the practice of law that those who decided
to
relieve him of his duties."
'Not about Jub Jub
case'
When Maema was approached for comment, he said Lambrecht's
"move" had nothing to do with the Jub Jub case.
"It's part of our strategy to move these people with
the expertise to the lower courts because we need them there, and big
cases are
increasingly being heard in lower courts.
"This is something we've been planning for quite some
time. Three other people (in similar positions) were also moved to
lower courts
on the same day."
According to Maema, the decision regarding the moves was
made before bail was granted in the Jub Jub case.
He did admit that he had spoken to Lambrecht about the Jub
Jub case and the granting of bail, but said the two issues are not
related at
all.
"As DPP I have to discuss issues such as this (granting
of bail and the charges against Jub Jub). We did so, and I communicated
the
decision to Simelane."
Lambrecht declined to comment.
- Beeld
From:
http://www.news24.com/Content/SouthAfrica/News/1059/35a8c22afa214e949f6b6725bc2c6d74/25-03-2010-11-17/Jub_Jub_prosecutor_relieved_of_duties
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