NPA spokesperson Mthunzi Mhaga previously told the Cape Times that: “The NPA does not generally comment on security clearance matters in relation to its staff. Picture: Jacques Naude/Independent Newspapers
The uMkhonto weSizwe (MK) Party has demanded increased scrutiny over the decision to allow Deputy National Director of Public Prosecutions Anton du Plessis to be appointed after he failed to get security clearance from the State Security Agency (SSA).
Sibonelo Nomvalo, the party’s MP serving on the justice and constitutional development committee, told the “Cape Times” that their chief whip Mzwanele Manyi had written to Justice and Constitutional Development Minister Thembi Simelane wanting answers on the matter.
“It will not end there as it is our responsibility to invite the Minister and Deputy Minister and even the NDPP to come and appear before the portfolio committee when the need arises,” Nomvalo said.
“Even on this one we are not going to fold our arms and treat it as if it is business as usual. It is serious and we will continue to raise it and we are going to demand answers on behalf of the people of South Africa,” Nomvalo said.
He made the comments as committee chairperson Xola Nqola said they would await a report from the National Prosecuting Authority (NPA) before expressing a view on the matter.
"We are to write to the NDPPP. As soon as the NDPP gives us a report, we will attend to it. We won't comment in the media on what we have read. We want a proper report from the head of the NPA and answers to our questions after that,” Nqola said.
IOL reported on Tuesday that Du Plessis apparently had dual citizenship for South Africa and for the United Kingdom, and this became the stumbling block when he sought the security clearance.
NPA spokesperson Mthunzi Mhaga had previously told the “Cape Times” that: “The NPA does not generally comment on security clearance matters in relation to its staff. In this case the NPA can confirm that the DNDPP has complied with all NPA security vetting requirements. Any additional queries should be forwarded to SSA”.
However, he did answer broadcaster Newzroom Afrika’s question when he recently said Du Plessis did not conceal his dual citizenship, and has posed no danger or security risk in South Africa.
“Of importance is the fact that when you look at the Minimum Information Security Standards document it says the person upon whose authority the decision lies in granting or refusing the security clearance has a discretion, or must treat each case on its own merit.
“When it comes to advocate Du Plessis, he discloses dual citizenship but no adverse findings are made that his dual citizenship poses any risk to the work that he has been doing from March 1 2021 up to date. He has been excellently, diligently discharging or performing essential functions,” said Mhaga.
The NPA has also been thrust into the spotlight after it emerged that two senior advocates, Matthew Chaskalson and Paul Pretorius did not obtain security clearance before they were appointed as “consultants” for the Investigating Directorate against Corruption (IDAC).
Commenting on the Du Plessis saga, Calvin Rafadi, a forensic and crime expert, said the question was whether Du Plessis declared that he had British citizenship when applying for the post.
“Did the person at the time of the interview declare that he has got citizenship of Britain.
“When you fill the application form, there is a place where you have to say whether you are a South African citizen or a foreigner.
“If he did not declare, we are sitting with a problem,” Rafadi said.
Cape Times