Question NW4061 to the Minister of Justice and Correctional Services
02 January 2024 - NW4061
Breytenbach, Adv G to ask the Minister of Justice and Correctional Services
What are the reasons that the matter of four people who were allegedly arrested on Sunday, 12 November 2023 of which three were ordered to appear in court on Monday, 13 November 2023 were not enrolled, following the incidents that occurred on Sunday, 12 November 2023 concerning a peaceful and authorised gathering by various Christian church groups set to be held in Sea Point, Cape Town which was disrupted by an aggressive, confrontational and eventually violent mob of pro Palestine supporters?
Reply:
The Director of Public Prosecutions, Western Cape reports as follows:
On 12 November 2023 three males were arrested by Metro Police Officers employed by the City of Cape Town. It was alleged that the three males were part of a group of pro-Palestinian supporters. It was further alleged that the group of pro-Palestinian supporters were initially peaceful but refused to move when they were advised that they were standing at an area that was reserved for the protest of another group. The pro-Palestinian group allegedly refused to move, damaged property, attacked the Metro Police Officers and police, and refused to follow their instruction to move from the area. Only three men were arrested.
It is alleged that there is video footage as to what had transpired on the day in question. However, when the matter was presented to the prosecutor, there was no video footage in the docket and that the investigation was incomplete. Some of the statements were also illegible. The prosecutor elected not to enroll the matter until the investigation, which includes the video footage, is filed in the docket. All three accused have fixed addresses and the matter may be enrolled as soon as the outstanding investigation is completed, and a decision is made that there is sufficient evidence to institute a prosecution.