Skip to main content

In this Aug. 7, 2014, file photo, state prosecutor Gerrie Nel is seen in court during the Oscar Pistorius murder trial in Pretoria, South Africa.Mujahid Safodien/The Associated Press

Famed prosecutor Gerrie Nel, who led the successful battle to get Oscar Pistorius convicted of murder, has abruptly resigned his job to head a new unit that will launch private prosecutions of South African officials in corruption cases.

His dramatic switch to private prosecutions is the latest sign of concern over growing corruption under President Jacob Zuma, who is accused of using the state prosecuting authority to harass his enemies and protect his business cronies.

State prosecutors last year filed criminal charges against Finance Minister Pravin Gordhan, who has been defending the treasury against raids by powerful business friends of Mr. Zuma. The charges were later dropped when prosecutors admitted they lacked evidence.

Prosecutors dropped a bribery case against Mr. Zuma in 2009, shortly before he was elected president. A court case by an opposition party led to the reinstatement of the bribery charges, but the government is still fighting the court decision.

Mr. Nel, nicknamed the "bulldog" and widely considered South Africa's top prosecutor after a 36-year career, announced his sudden resignation with less than 24 hours notice.

The new unit is designed to ensure that nobody is above the law – even Mr. Zuma. It aims to conduct its own prosecutions of cases that the National Prosecuting Authority (NPA) refuses to pursue. Under South African law, private prosecutions are permitted under specific circumstances, although they are rare.

"My main interest is that everyone should be equal before the law," Mr. Nel told a news conference on Monday. "There is more and more concern about selective prosecutions."

The new unit sees itself as a watchdog to force accountability in corruption cases. When the NPA refuses to prosecute a case, the new unit will ask it to issue a certificate confirming that it has declined to prosecute. A private prosecution can then be pursued.

Mr. Nel is facing criticism, however, because the new prosecuting unit has been organized and financed by AfriForum, a group that defends the rights of white Afrikaans-speaking people. It describes itself as a civil-rights group, but it is often criticized as a defender of "white privilege" in South Africa.

With its 400,000 members, including 185,000 who make monthly payments to the organization, AfriForum has the financial resources to pay for the private prosecution unit. But it is widely seen as a racially divisive lobby group. On social media on Tuesday, there was an eruption of anger at Mr. Nel's decision to join the AfriForum unit.

"Every private prosecution AfriForum brings to court will be rightfully treated with suspicion as an attack on black people in defence of white privilege, even when it isn't," columnist Adriaan Basson wrote on Tuesday.

Pierre de Vos, a constitutional expert, also questioned the move. "Given the legal rules applicable to private prosecutions, it is clear that Gerrie Nel might not only have made a mistake to associate himself with a right-wing group like AfriForum, but might also have made a mistake in taking on a difficult or arguably even an impossible job," he wrote on Tuesday.

Mr. Nel was widely praised for his dogged pursuit of Oscar Pistorius, the double-amputee athlete who became a global celebrity when he competed against able-bodied runners at the Olympics. In 2013, Mr. Pistorius shot and killed his girlfriend, Reeva Steenkamp, but claimed he had thought she was a burglar. Mr. Nel led the prosecution, and – after an appeal – won a murder conviction against Mr. Pistorius, leading to a six-year jail sentence.

Mr. Nel has also led prosecutions of corrupt officials. But in recent years, as the national prosecuting authority has come under tighter control by Mr. Zuma, he has faced investigations of his own. Analysts have described the investigations as an attempt to harass those who refused to do the bidding of Mr. Zuma's appointees.

Mr. Nel said he will start his new job on Wednesday morning. "I think it's a brilliant new concept and I think it's necessary," he said. "I will not sell my integrity and do something that I don't believe in. I've got a job to do, and I'm excited."

Kallie Kriel, chief executive officer of AfriForum, said the new unit will ensure that nobody is "untouchable" in South Africa. "Corrupt persons must realize that no one is above the law, not even the country's president," he said.

Follow related authors and topics

Authors and topics you follow will be added to your personal news feed in Following.

Interact with The Globe