Question NW2765 to the Minister of Police

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23 October 2018 - NW2765

Profile picture: Kohler-Barnard, Ms D

Kohler-Barnard, Ms D to ask the Minister of Police

Whether, with reference to Silverton CAS 155/07/2011, (a) a certain person (name furnished) will be charged as a result of the report drafted by a certain person (name furnished) and signed off by the then-acting crime intelligence boss (name furnished); if not, why not; if so, what are the relevant details?

Reply:

The investigation and a comprehensive charge sheet, with regard to Silverton, CAS 155/07/2011, has been finalised. The suspects in this matter were arrested, on 21 September 2011 and on 4 October 2011, respectively. The case was subsequently withdrawn against the accused, on 4 December 2011, based on a decision by the National Prosecuting Authority (NPA).

Based on a decision by the Supreme Court of Appeal, the matter was re-enrolled on the court roll at the Serious Commercial Crimes Court, Pretoria, on 1 April 2015. However, it was struck from the roll, on 6 July 2015, due to the fact that the documentation, which the State would be relying upon, was not yet declassified by the South African Police Service (SAPS).

This matter cannot proceed as the SAPS has not yet declassified the documentation, which was used in the commission of the alleged crimes.

The investigation includes the allegations made by Major General M Hankel, in the report to the Inspector General of Intelligence.

On 17 May 2017, the then Acting National Commissioner of the SAPS, Lieutenant General Phahlane, informed the National Director of Public Prosecutions (NDPP),


NATIONAL ASSEMBLY

QUESTIONS FOR WRITTEN REPLY


Internal Ref Number 1529 2018
Submission Date: 11-09-2018
Question Asked by : Ms D Kohler
Question Asked to: Minister of Police

Question:

1. With regards to Silverton CAS 155/07/2011, (a) Is Richard Mdluli going to be charged as a result of the report drafted by Major General Mark Hankel and signed off by then-acting crime intelligence boss Chris de Kock; if not, why not?

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