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Thieves steal laptops, notepads in NPA Free State break-in

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Thieves steal laptops, notepads in NPA Free State break-in

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5th December 2023

By: News24Wire

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Thieves have stolen four laptops and voice recorders from the offices of the Free State's prosecutions head Navilla Somaru and her deputy Sandile Mthethwa – but the National Prosecuting Authority (NPA) is adamant "no sensitive information, dockets, or files" were taken.

According to a statement released on Monday, such case-specific information is "stored in these offices but have a secured area where they are ... kept safe".

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It is already apparent, however, that the Free State's prosecution service, which is dealing with the politically explosive corruption case against the province's former premier Ace Magashule, strongly believes that stealing a criminal docket or dockets was the motive behind this burglary.

Contacted by News24 on Monday afternoon, Somaru, the Free State Director of Public Prosecutions (DPP), declined to provide details about the break-in, which is understood to have also resulted in a number of her personal keepsakes being vandalised as "this matter is now the subject of a police investigation".

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While stating that she was "concerned" that the burglary had taken place, the DPP stressed that all case-related information at the office was "very safely stored" and could not be accessed by thieves. 

"We are not pointing fingers at anybody. We are busy with many high-profile matters, but from our side we have not compromised sensitive matters and investigations. We deal with them very strategically," she said.

Somaru is also adamant the break-in will not deter NPA officials in the Free State from doing their work – which includes the high-profile escape and corruption prosecution of Facebook rapist and killer Thabo Bester and his partner Nandipha Magudumana, as well as the "asbestos scam" case against Magashule and politically connected businessman Edwin Sodi.

"The work carries on in earnest. We are very cautious and mindful. We work with sensitive cases and sensitive information and we continue to be vigilant," she said.

The NPA has sought to portray the break-in as an aberration and emphasised that it has around-the-clock security at its Free State offices.

"The security at the NPA Offices is taken seriously as these offices always have 24-hour security warm bodies, seven days a week. This break-in, which is an isolated case, does not render the security at these important prosecutorial offices as not being taken seriously," it said.

That does not explain, however, how thieves were able to break into the offices without being detected by security guards, who recorded the hours when the burglary is believed to have taken place as "incident free".

Trusted sources told News24 that it appeared the thieves had gained access to the NPA offices by scaling a wall and breaking in through a first-floor window.

"They were looking for something, because they were up to the floor where the DPP’s office is," one of the sources said.

"It also appeared that they were extremely goal-directed and did not take several valuable items that were clearly visible in the DPP and her deputy’s offices.

"The strong belief is that they intended to take a specific docket but could not find it because the dockets are locked up and not easily accessible. When they couldn’t find it, it seems like they trashed the DPP’s office, probably because they were angry."

That theory has been bolstered by the fact that the thieves took Somaru’s notebooks and three memory sticks from her office, as well as laptops believed to belong to her PA and Mthethwa were taken – but left a valuable coffee maker behind.

It remains unclear if the burglars left any fingerprints at the scene, but investigators are checking cans of abandoned cooldrink, believed to have been stolen from Mthethwa’s office and then drunk, for potential DNA evidence.

According to the NPA:

The crime scene was closed off and specialised units of the South African Police Service (Saps), including the forensic, intelligence, and investigations were on the scene in no time, DNA and fingerprints were collected at the scene and sent to the Saps forensic laboratory.

While the prosecution service has sought to allay alarm about the break-in, the fact that it was so easy for burglars to enter and exit its Free State head office without being detected should raise alarm – particularly as its prosecutors prepare to run potentially explosive corruption trials.

News24 investigations has previously reported that Johan de Nysschen, the lead prosecutor in the R255-million case against Magashule and Sodi, was the target of a November 2020 burglary that occurred just days before the politically connected pair and their co-accused appeared in court.

At the time, News24 reported that a senior law enforcement official believed that the break-in was intended to intimidate the career prosecutor.

That officer, who spoke on condition of anonymity, said: "At the moment, we can't say much, but it looks like pure intimidation. Remember, this is a high-stakes case where a lot of people have so much to lose. Certainly, they wouldn't want to go down without a fight."

It is the State’s case that Magashule was a willing participant in a corrupt R255-million asbestos tender scheme that allegedly saw multiple high-ranking Free State government officials receiving kickbacks from money meant to fund the removal of harmful asbestos from the homes of the province’s poorest residents.

Instead of the affected houses being safely rid of asbestos at a reasonable price, the State says, Sodi and his 15 co-accused essentially embarked on a "rent-seeking" scheme that ultimately resulted in only R21-million worth of work being done.

The NPA alleges that Magashule's alleged take came in the form of school tuition for Gupta ally Refiloe Mokoena's daughter, electronic tablets, and R250 000 for the travel expenses of a delegation to Cuba. Those alleged gratifications were given through payments made by murdered businessman and asbestos tender beneficiary Igo Mpambani.

Mpambani’s murder remains unsolved.

A News24 investigation has previously also revealed that Crime Intelligence in the Free State requested that a security assessment be conducted on De Nysschen in connection with his prosecution of eight men for the May 2018 murder of businessmen Louis Siemens. At the time, a top-secret memorandum from Crime Intelligence in the Free State reportedly recorded that the prosecutor’s cats had died after eating poisoned meat meant for his dogs.

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