Question NW2608 to the Minister of Police

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10 October 2017 - NW2608

Profile picture: Groenewald, Dr PJ

Groenewald, Dr PJ to ask the Minister of Police

(1)In light of the arrest of people in the well-known incident (details furnished) by police officers from the Sinoville police station, what criteria does the SA Police Service (SAPS) apply in terms of the Criminal Procedure Act, Act 51 of 1977, when this incident is compared to the incident in which a certain person (name and details furnished) was shot by a certain SAPS member, but the specified SAPS member was not arrested by the specified police station, although they were aware of the identity of the SAPS member; (2) (a) what is the reason and (b) what criteria were applied in the decision not to arrest a certain person (name and details furnished) for assault with intent to do grievous bodily harm; (3) whether he will make a statement regarding the matter?

Reply:

1. In reference to the stated incident, two suspects were apprehended by members of the public, immediately after the incident occurred, whilst the other two suspects were apprehended by members of the Sinoville Police Station. The fifth suspect, subsequently handed himself over to the Sinoville Police Station. All five suspects were profiled and three were found to have no prior, or pending cases against them. A charge of assault, with the intention to cause grevious bodily harm (GBH), was opened and registered at the Sinoville Police Station, Sinoville CAS 41/08/2017.

The suspect, Mr Marakalla, who was a member of the South African National Defence Force (SANDF), reported that he was the victim of an attempted hijacking during which he used his firearm to shoot at the alleged hijackers. A charge of attempted murder was opened and registered at Sinoville Police Station, Sinoville CAS 175/08/2017. Mr Marakalla was profiled and found to have no prior, or pending cases against him. The case docket was fully investigated and handed over to the Senior Public Prosecutor (SPP) to issue a J175 (apprehension of suspect). Mr Marakalla has been charged and the court date has been set for 5 October 2017.

It needs to be mentioned that each criminal case is assessed on its own merits in terms of prevailing circumstances. This implies that two separate cases cannot be compared to each other.

2. Prior to a person being arrested, it is essential that a proper investigation should be conducted in order for the case to be referred to the SPP and placed on the court roll. Deputy Minister Mduduzi Manana was arrested on Thursday, 10 August 2017 and appeared at the Randburg Court on the same day.

3. The South African Police Service cannot respond on behalf of the aforementioned Minister.

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