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The powers bestowed on the National Prosecuting Authority (NPA) are extensive. These powers, held in public trust, find expression when the prosecuting authority exercises its discretion to institute criminal proceedings and to negotiate plea and sentence agreements, among other things.Prosecutors have leeway to withdraw charges without any questions being asked by the judiciary as to what informed the decision. This is not the case in plea bargains — where bad actors have already admitted guilt and are looking for leniency in sentencing.The framers of the constitution correctly gave the final word on plea agreements to the judiciary — in a classic case of the separation of powers doctrine.The effectiveness of these checks and balances in the administration of the law was on full display last week when the specialised commercial crime court in Pretoria tossed out the eight-year plea and sentence agreement entered into by Vusimusi “Cat” Matlala and the NPA.The NPA had argued that this is a just sentence as Matlala would in turn become a state witness and help authorities root out corrupt elements in the police service.Magistrate Ignatius du Preez was not convinced and concluded that a sentence of 12 years’ imprisonment would be just and appropriate.This is a correct stance taken by the learned magistrate — and forces the NPA to reflect on what is really in the public interest when agreeing to plea agreements.When mishandled and rubber-stamped by the bench, plea agreements can make a mockery of the rule of law. South Africa has no shortage of such unfortunate examples.The most recent is the matter involving former Bosasa COO Angelo Agrizzi who last year walked away from a 40-year term of imprisonment after entering into a plea deal with the state.Agrizzi was a central figure in Bosasa’s looting of the state. To avoid a harsher sentence, former ANC MP and Bosasa benefactor Vincent Smith also entered into a plea agreement and was sentenced to seven years’ imprisonment on charges that include fraud and corruption linked to receiving kickbacks from Bosasa. It is fair to assume that Smith will be out on parole before the seven years lapse. This is merely a semblance of justice. Corruption is a cancer eating away at the soul of South Africa — and it is by no means a victimless crime.Plea bargains must not be a tool used by charlatans in society to avoid facing the full might of the law just because they happen to use the same ill-gotten funds to hire good lawyers who can strike them sweetheart deals with the state.Du Preez’s stance should reverberate across the judiciary, and the bench must be more circumspect when sanctioning plea agreements. The foundational legal maxim of “justice must be seen to be done” still holds true today in ensuring public confidence by requiring transparent, unbiased proceedings.Du Preez has lived up to this high calling. Matlala represents the worst South Africa’s society has to offer. Like many of his ilk, his quest for ill-gotten wealth knows no bounds. It is corruption that has robbed countless South Africans of the services they need and deserve.Matlala’s crimes are not victimless. Justice and the rule of law demand that society appropriately sanction those who rob this country of its future.
