Question NW213 to the Minister of Justice and Constitutional Development
02 October 2024 - NW213
Zungula, Mr V to ask the Minister of Justice and Constitutional Development
(1) What legal ramifications do the 95 Libyan nationals face following their arrest; (2) whether the Milites Dei Academy would be criminally prosecuted for its operations in accordance with section 332 of the Criminal Procedure Act, Act 51 of 1977; if not, what is the position in this regard; if so, what are the relevant details; or (3) what were the total costs for legal fees and translation services incurred by the State in respect of the arrested Libyan nationals; (4) what rights did the arrested individuals possess under the Republic’s laws following their arrest; (5) given the allegations of military training and extremist links, what are the reasons that the arrested individuals at Milites Dei Academy were not charged with terrorist-related offences?
Reply:
- The criminal case against the 95 Libyan Nationals was withdrawn by the State due to a lack of evidence. No further action is expected to follow against the 95 Libyan Nationals, as they were deported back to their country. Any further process if needs be, will be informed by current and continuing investigations into this matter.
- The DPCI, is conducting further investigations into this matter. The decision whether to prosecute Milites Dei Security Academy, has not been taken and will only be done after completion of the investigations.
- There were no legal fees incurred by the State since the matter was dealt with by the NPA in the normal course.
The responsibility of arranging the foreign language interpreter[s] falls within the scope of the Court Manager/Department of Justice and Constitutional Development (Department) and therefore the Department will be able to provide full details of the associated costs.
The services of the Arabic conversant Interpreter were sourced for the 5th of August 2024 for the case number 145/2024. The claim included the following:
- Hotel accommodation, he checked in on the 4th and checked out on the 5th of August 2024= =R1829.00
- For transport costs vehicle capacity 1.4 X 798KM = R3332.45
- For his services on the 5th at R133.30 X 7 hrs = R933.10
- Toll gate fee at = R394.00
- Breakfast on the 5th of August 2024 = R70.00
TOTAL COST ASSOCIATED = R4729.55
- As arrested persons (the 95 Libyan Nationals), were accorded rights in terms of section 35 of Chapter 2, Bill of Rights, read with section 2, of Act 108 of 1996, the Constitution.
- After the review of the available evidence the State decided to withdraw the charges against the 95 Libyan Nationals due to a lack of evidence to prove the mentioned offences.