A Durban prosecutor has been arrested for allegedly freeing foreigners involved in serious crimes by fraudulently charging them with lesser charges then allow them to pay admission of guilt fines before letting them go.
The prosecutor was able to get the accused persons off the hook with lesser charges by misleading his superiors about the facts of the cases.
Prosecutor Ntokozo Mzulwini, 33, based at the Durban Magistrate’s Court, was arrested at his place of employment last week.
He appeared before magistrate Ashwin Singh on December 9 and the State was led by prosecutor Calvin Govender, who did not oppose bail.
Singh set bail at R3 000 with conditions.
The State alleged that Mzulwini would arrange for the foreigners in question to pay admission of guilt fines by misrepresenting to his supervisor that the respective charges related to contraventions of the Refugees Act.
In so doing, the supervisor would be induced into authorising and signing off on admission of guilt fines, yet Mzulwini knew that the charges were contraventions of the Immigration Act, which does not allow for admission of guilt fines.
It has been alleged that on two occasions Mzulwini’s conduct was in breach of Section 3 of the Prevention and Combating of Corrupt Activities Act of 2004.
In those instances, Mzulwini, instead of pressing ahead with charges relating to housebreaking and being in possession of stolen goods, enabled the accused persons to get away with fines.
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Mzulwini was also accused of withdrawing a drunk driving charge against an accused person when he was given instructions to proceed with the matter.
One of his superiors queried his handling of the said matters. It eventually led to his arrest and he has since been charged with fraud, defeating and obstructing justice and contravening the Prevention and Combating of Corrupt Activities Act.
One of Mzulwini’s bail conditions was that he did not communicate with State witnesses. The matter was adjourned to next month.