Much has already been said and written about the resignation of star prosecutor Gerrie Nel from the National Prosecuting Authority to join forces with the controversial self-styled “civil rights” group AfriForum.
Some, if not most, have expressed a deep sense of disappointment that Nel – who endeared himself to South Africans of all hues because of his professional and no-holds barred approach in the courtroom – would associate himself with such a problematic grouping.
AfriForum, whether one likes them or not, has a constitutional right to exist.
What matters more to me is how he performed as a prosecutor and whether he was professional and fair, in spite of any ideological leanings.
Hard-hitting and unflinching in his approach, Nel built a reputation as a true professional with a fine legal mind.
There are some who now accuse him of harbouring racist views and targeting certain individuals in the cases he prosecuted. But his prosecutorial history paints a different picture.
He was the young prosecutor who, at 32, successfully sent Chris Hani’s killers, Clive Derby-Lewis and Janusz Walus, to jail for their crimes.
His pursuit and successful conviction of Jackie Selebi, then the national commissioner of the SA Police Service, for corruption inked his name into the history books.
The Oscar Pistorius trial – as humongous as it was locally and internationally – was merely the cherry on top of an illustrious career.
In all his cases, both friends and critics agree, Nel showed himself to be a true professional, pursuing justice without any fear or favour.
Granted, one would be naive to believe any person is ever capable of being truly objective without any inherent biases and prejudices.
But unlike his colleagues in the NPA who have allowed themselves to be political players in an elaborate chess game, aimed at capturing all levers of the state – Nel has remained true to his professional calling.
He endeared himself to South Africans because he has been a principled, impeccably thorough prosecutor.
Going forward Nel must, as constitutional law expert Professor Pierre de Vos so eloquently put it, be aware of the limitations of the private prosecutions unit he is to set up at AfriForum.
While Section 7 of the Criminal Procedure Act (CPA) allows for private prosecutions, it is explicit that only private persons (whose rights or personal dignity has been infringed) and statutory bodies can pursue private prosecutions.
Organisations like AfriForum cannot. And where they can, on behalf of someone, the scope is limited.
So it will be interesting to see which cases Nel pursues and the justification thereof.
AfriForum has shown itself to be an opponent of transformation and redress in post-apartheid South Africa.
Whatever choices Nel makes going forward, one can only hope that he ensures his association with AfriForum does not sully his otherwise excellent reputation – if it has not done so already.
Nel a true pro, but reputation in danger from AfriForum link
Some, if not most, have expressed a deep sense of disappointment that Nel – who endeared himself to South Africans of all hues because of his professional and no-holds barred approach in the courtroom – would associate himself with such a problematic grouping.
AfriForum, whether one likes them or not, has a constitutional right to exist.
What matters more to me is how he performed as a prosecutor and whether he was professional and fair, in spite of any ideological leanings.
Hard-hitting and unflinching in his approach, Nel built a reputation as a true professional with a fine legal mind.
There are some who now accuse him of harbouring racist views and targeting certain individuals in the cases he prosecuted. But his prosecutorial history paints a different picture.
He was the young prosecutor who, at 32, successfully sent Chris Hani’s killers, Clive Derby-Lewis and Janusz Walus, to jail for their crimes.
His pursuit and successful conviction of Jackie Selebi, then the national commissioner of the SA Police Service, for corruption inked his name into the history books.
The Oscar Pistorius trial – as humongous as it was locally and internationally – was merely the cherry on top of an illustrious career.
In all his cases, both friends and critics agree, Nel showed himself to be a true professional, pursuing justice without any fear or favour.
Granted, one would be naive to believe any person is ever capable of being truly objective without any inherent biases and prejudices.
But unlike his colleagues in the NPA who have allowed themselves to be political players in an elaborate chess game, aimed at capturing all levers of the state – Nel has remained true to his professional calling.
He endeared himself to South Africans because he has been a principled, impeccably thorough prosecutor.
Going forward Nel must, as constitutional law expert Professor Pierre de Vos so eloquently put it, be aware of the limitations of the private prosecutions unit he is to set up at AfriForum.
While Section 7 of the Criminal Procedure Act (CPA) allows for private prosecutions, it is explicit that only private persons (whose rights or personal dignity has been infringed) and statutory bodies can pursue private prosecutions.
Organisations like AfriForum cannot. And where they can, on behalf of someone, the scope is limited.
So it will be interesting to see which cases Nel pursues and the justification thereof.
AfriForum has shown itself to be an opponent of transformation and redress in post-apartheid South Africa.
Whatever choices Nel makes going forward, one can only hope that he ensures his association with AfriForum does not sully his otherwise excellent reputation – if it has not done so already.
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