Question NW3097 to the Minister of Justice and Correctional Services
15 November 2018 - NW3097
Mhlongo, Mr P to ask the Minister of Justice and Correctional Services
With reference to certain cases (details furnished), (a) why has the prosecution process taken so long, (b) why were some of the specified cases withdrawn without informing the complainants and (c) by what date will some cases be going to court?
Reply:
In responding to questions (a), (b), and (c), the National Prosecuting Authority (NPA) has reported as follows, as per the case number opened at Orlando Police Station:
- CAS 636/6/2010: This relates to an incident of drinking in public. A J534 form was issued. No docket was opened, only a control document was issued.
- CAS 730/1/2018: This is an invalid CAS number according to the South African Police Service (SAPS) system.
- 133/10/2015: This is a docket on trespassing. The docket, Orlando CAS 133/10/15, was not enrolled on 9 October 2015 as further investigations were requested. The said docket was brought back on 10 November 2016, but there were still investigations outstanding. The investigating officer was once again instructed to comply. The docket was only submitted to the prosecution during July 2018 at the the prosecution request. Investigations are still continuing. This docket is linked to Orlando CAS 130/10/15 (not 130/01/15, as indicated on the question paper).
- CAS 130/10/15: This docket relates to an incident of malicious damage to property, with the same complainant. Further investigation was requested, but the docket has not been presented to the prosecution.
- CAS 95/07/18: The same complainant, opened another docket for trespassing against the same suspect. This docket also required further investigation, again surrounding the same eviction order.
- 366/07/2018: The docket relates to the alleged kidnapping and assault of a minor child. This matter was enrolled on 24 July 2018. The matter is in court 13, Protea and is now set down for trial for 12 November 2018. The accused is represented by Legal Aid South Africa.
- CAS 244/10/2018: This relates to a housebreaking incident. There is only a statement by the complainant, with nothing to indicate who the suspect might be. This docket was not presented to the prosecution.
- CAS 66/10/2018: This is an assault docket opened against a member of SAPS. There are two (2) complainants in the docket. This docket was not presented to the prosecution.