Cape Town - Regional prosecutor Derrick Grootboom has filed an urgent Labour Court application asking the court to order the Justice and Constitutional Development Minister to stop the process of appointing a head control prosecutor in Malmesbury.
Grootboom, a former Robben Island political prisoner, also wants the chairperson of the panel, his boss and chief prosecutor for Bellville cluster, Esther Cross, to refrain from recommending anyone for the post and that the entire process be declared invalid or unlawful.
Grootboom, who had applied for the promotion, found last week that he had not been shortlisted for the job, and asked Cross why, despite having worked as a prosecutor with the NPA for the last 20 years, he had not been considered for the shortlist.
He also wrote to acting director of public prosecutions Nicolette Bell to complain about not being shortlisted for the post.
NPA spokesperson Eric Ntabazalila said: “The NPA is aware of the matter and will oppose the application when it is heard in court.”
Responding in a letter to Grootboom’s queries about not being shortlisted, Cross, who has been his superior since 2001, said the panel identified a number of competencies for the post.
These included litigation experience in the district and regional courts; administrative skills in the office of the senior or control prosecutor; and management skills and proficiency in prosecuting complex common law offences.
Cross said: “The years of experience gained under the first four bullets carried the greatest weighting for shortlisting. Your experience in relation to the first four criteria mentioned above is not evident either from the letter addressed to advocate Bell, or the batch of documents that you attached.
“You only stated that you have been a public prosecutor since January 2001 and it was on this basis that you were not successful to be shortlisted,” she said.
Grootboom said: “The reasons given are flawed because the documentation in my application clearly indicates that I have the required experience and she, Cross, knows it.”
Grootboom previously took the NPA and the Justice Minister to the Constitutional Court, where he won a case against suspension from work. That case took eight years and when the Concourt restored him to his post as a regional prosecutor he alleges that Cross demoted him.
“Cross should not have been the chairperson of this panel, given her unlawful demotion of myself in 2014.
“I am giving instructions to my lawyers to bring an urgent interdict in the Western Cape Labour Court against this selection process for being unfair and unlawful.
“Cross knows that the grievance will take long to be attended to and she will have accomplished her goal to keep me out of the position, although I am the best qualified and experienced applicant,” said Grootboom.
mwangi.githahu@inl.co.za