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ATC231206: Report of the Select Committee on Security and Justice on the Petition for the National Council of Provinces (NCOP) to intervene on behalf of the Raseale Family on a matter of the disappearance of the mortal remains of the son of Ms Mary Raseale since September 2021 and presumed dead according to the information from the South African Police Service (SAPS), dated 6 December 2023

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the Petition for the National Council of Provinces (NCOP) to intervene on behalf of the Raseale Family on a matter of the disappearance of the mortal remains of the son of Ms Mary Raseale since September 2021 and presumed dead according to the information from the South African Police Service (SAPS), dated 6 December 2023.

 

The Select Committee on Security and Justice having deliberated on and considered the subject of the Petition for the National Council of Provinces (NCOP) to intervene on behalf of the Raseale Family on a matter of the disappearance of the mortal remains of the son of Ms Mary Raseale, reports as follows:

 

  1. Background

The Chairperson of the National Council of Provinces, on 19 October 2023, referred a petition the NCOP received from Ms. Mary Raseale to the Select Committee on Security and Justice[1].

 

The Raseale family reported that on 13 May 2022 the South African Police Service (SAPS) came to Ms. Raseale’s home informing her that they had found what they presumed was the body of Mr. Gontse Raseale in Rustenburg, in the bushes, it appeared he had committed suicide. The body was discovered in September 2021. The SAPS identified the body through his fingerprints and thereafter traced the family. The SAPS informed the family that standard procedure required the police to take DNA samples (bodily fluids) from the family for testing to confirm if the deceased’s DNA matched that of the family.

 

The family explained that after Ms. Raseale’s DNA tests were taken, they received no further feedback on the matter for months afterward. The family tried to communicate with SAPS but couldn't get the results they needed.

 

The family approached Mr. Joe Kgatla from the Ministry of Health to intervene. Through Mr. Kgatla’s enquiries the SAPS communicated with the family to inform them that the first DNA samples proved inconclusive. The SAPS took another DNA sample from the sister, Ms. Patricia Rakgekola, informing the family that the results would be available in 3 months’ time. The family was also informed that the body was moved from the temporarily closed Rustenburg (Phokeng) mortuary to Brits mortuary. The brother, Mr Thabo Raseale, had initially identified the body in Rustenburg and again after the move to Brits by the silver ring on the deceased’s left hand, dreadlocks, scratch on the nose and gap in his lower teeth.

 

The family made preparations for the burial of their deceased relative and when they went to fetch the body at Brits mortuary found the body missing. After the second round of DNA evidence the family again did not receive any results nor any further communication from the SAPS.

 

The family then approached community leaders for help as well as community papers where their story was published in the Daily Sun. SABC 2 news interviewed the family and the matter was also broadcast on radio stations in the region that the Raseale family was searching for the body of their missing, deceased relative.

 

The Department of Health then informed the family that 10 unidentified bodies were given a pauper’s burial and that they would exhume the bodies to find the mortal remains of their relative. Once again no one returned to keep the family informed. The family then received advice and assistance to draft a petition to approach parliament seeking an intervention.

 

 

  1. Select Committee intervention and meeting with Petitioner and Departments

The Select Committee invited the petitioner, Ms. Mary Raseale, who was accompanied by her daughter Ms. Patricia Rakgekola, to meet with the Committee on 29 November 2023. The following departmental stakeholders were invited, attended the meeting and briefed the Committee and petitioner on the matter:

 

Name of delegate

Organisation Institution/Department

Lt Gen TC Mosikili

Acting National Commissioner: South African Police Service

Lt Gen HK Senthumule

Acting Deputy National Commissioner: Crime Detection

Lt Gen S Kwena

Provincial Commissioner: North West

Maj Gen S Pienaar

Acting Divisional Commissioner: Visible Policing and Operations

Maj Gen MJ Mosimanegape

District Commissioner: Bojanala 1 (North West Province)

Brigadier TM Matroos

Acting Head: Corporate Communication and Liaison

Colonel SJ Ledwaba

Acting Section Head: Executive Secretariat, Office of the National Commissioner

Colonel KB Steyn

Parliamentary Liaison: Strategic Management

Lt Col IM Mlambo

Parliamentary Liaison: Strategic Management

Dr S Dhlomo

Deputy Minister Health

Mr. J Kgatla

Ministry of Health: Parliamentary Liaison

MEC M Sambatha

MEC for Health, North West Province

Mrs. B Redlinghys

Provincial Department of Health

 

  1. Committee proceedings

The Petitioner was afforded an opportunity to address the Committee and provided context to the difficulties faced by the family in seeking closure on this matter before the Departments briefed the Committee on the events leading up to this situation and the interventions in place to resolve the matter.

 

  1. SAPS and Provincial Department of Health interventions
    1. The Departments informed the Committee that on 13 November 2023 a meeting between SAPS and the Department of Health Forensic Pathologists (DOH) took a decision that an exhumation/reburial should be conducted on bodies that were buried as paupers, during the time frame identified by the Forensic Pathology Services to identify the remains of Mr. G Raseale.
    2. The SAPS/DOH delegation agreed to inform the family about the decision on the same day, and visited the family, at Mathibestad, for that purpose. The mother and sister of the deceased were informed about the decision. The SAPS/DOH also informed the family of the possibility that another DNA test could be done, after exhumation, to which they all agreed. A family member would assist with re-identification of Mr G. Raseale’s mortal remains.
    3. On 14 November 2023 a SAPS delegation was advised by the Rustenburg Magistrate Court that there is no need for the SAPS to apply for exhumation, however, the DOH should apply for reburial as the mishap was on their side. The application has been done and handed to the Bojanala Municipality.
    4. Members from the DOH Forensic Pathology Services and the SAPS are working together to ensure that the process, as advised by the court, is expedited to ensure that the family gets closure.
    5. On 16 November 2023 the SAPS arranged for DNA samples to be taken from three siblings of the deceased, namely Freddy Raseale, Tebogo Raseale and Vicky Raseale. The deceased’s mother’s DNA is already in the database.
    6. The SAPS has provided a letter to bury the mortal remains.
    7. The NWPHD visited the home of the Raseale’s family in Hammanskraal and met the mother of the deceased and explained the latest developments. Documentation has been given to the Municipality and once permission is obtained then the Department will provide further information to the family.

 

  1. Committee discussion and observations.
    1. The Committee expressed its unhappiness with the length of time that it took to firstly inform the family of the deceased’s death from the time the body was found in September 2021 to the investigating officer informing the family in May 2022. The SAPS explained that after fingerprints of the deceased is taken it is then submitted to the fingerprint laboratory centre in Pretoria, run through the database and then assigned to an investigating officer. However, the turnaround time of 8 months highlighted certain deficiencies within the Department and why the process takes this long to start must be identified for improvement.
    2. The lack of communication by the SAPS and the DOH to the family created a situation where the family was left to seek alternative avenues to trace their deceased family member and the Committee queried what steps the departments would put in place to prevent this in future.
      1. The SAPS acknowledged that they had failed to keep the family informed of the process and any progress they were making.
      2. The MEC acknowledged that the communication process was lacking and committed to ensure that the families get closure on the matter.
      3. The Acting National Commissioner for Police acknowledged that the SAPS communication procedures were not adhered to in this instance. The Department will conduct an investigation and institute corrective measures.
      4. The Acting National Commissioner apologized to the family noting that the Provincial Commissioner had already accepted the blame related to the lack of information shared with the family.
  2. The Committee further identified the non-adherence to administrative protocol within the Provincial Department of Health. With the temporary closure of the Phokeng mortuary and referral of the 10 unidentified bodies to the Brits government mortuary, the bodies were not registered.
    1. The MEC committed to perform an investigation and this would determine the consequence management that must be implemented.
  3. The Committee noted that protocol and regulations were not adhered to during this process which highlighted certain weaknesses within both Department’s handling of the matter and the Committee requested clarity whether policies need to be amended to rectify the situation.
    1. The MEC provided some context noting that part of the problem that many families have experienced is that if the DNA test run by the SAPS returns inconclusive then SAPS withholds the body, even though the family may have positively identified the remains through visual means.
    2. The SAPS noted that they have protocols that must be followed and cannot simply give instructions to the Department of Health to release the body before there's conclusive evidence that the body has been positively identified as the claimed deceased person. The Provincial Commissioner explained that once SAPS investigates a suicide, they call in the Department of Health Pathology Services to take possession of the body. From that point onwards the Department of Health takes over and conducts body identification at the mortuary. However, when it comes to DNA, the SAPS is tasked with collecting evidence.
    3. The Deputy Minister for Health explained that the Ministry would provide policy guidelines to all the provinces to prevent this matter from occurring in other provinces.
    4. The Deputy Minister further noted that from the discussions between SAPS and the Provincial Department of Health there are clearly areas that need strengthening in the working relationship.
    5. The Deputy Minister explained that the post mortem service had long resided with SAPS, the service was then moved into health to conduct post mortems. However, the matter is not completely out of the hands of the SAPS as they have to conduct DNA sampling and analysis as the matter may be related to criminal activities therefor the SAPS investigating officer takes over. There is some tightening that the Department of Health would facilitate to rectify the matter.
    6. The Deputy Minister noted that Department of Health has a policy program at national level, where the Pathology Committee monitors each province, by assigning one member per province, to safeguard and make sure there is monitoring at provincial level. The Pathology Committee will be re-established next month by the Minister.
  4. The Committee expects the Departments to provide clear timelines to assist the family and provide updates within a week.
    1. The Department noted that in terms of the procedure there are 10 bodies that were buried as paupers. The Department is required to confirm the correct body is returned to the family and therefore an exhumation and DNA identification will be done.
    2. The Department indicated that they would fast track the process and mobilise all available resources to fast track the DNA verification within 7 days. The Department committed to keeping the Committee informed within 14 days of progress made.

 

  1. Recommendations, way forward and commitments by Departments.
    1. The SAPS committed to finalising the exhumation and DNA evidence within 7 days.
    2. The Department of Health is expected to cover the costs for exhumation and reburial of the deceased as the family has already incurred costs related to this matter.
    3. The Committee requested a report on the conclusion of the matter within 14 days.
    4. The Department of Police (SAPS) and the Department of Health must review their policies and or procedures going forward to resolve the issues highlighted with regard to the processing of DNA evidence and returning of the mortal remains to family members for burial.

 

  1. Conclusion

The Committee thanked the family for bringing the matter to Parliament’s attention and reiterated the Committee’s condolences to the family and the heartache suffered at the breakdown of services to the family. The Committee has expressed its unhappiness in terms of how the Departments dealt with this matter, and how the family was treated.

 

The Committee notes that the Department of Health and the Department of Police had identified tightening of the procedural and policy related matters as well as certain gaps in the system that must be rectified. The Chairperson thanked the role players for identifying what needs to happen with regard to DNA confirmation of the deceased, with the Acting National Commissioner also providing a guarantee that this matter would be expedited.

 

 

Report for consideration.

 

 

 

 

[1] The Select Committee notes that in terms of NCOP Rule 213 dealing with the referral of approved petitions by the NCOP; “[i]f approved, the Chairperson of the Council must publish the petition on the ATC and refer it to the Committee on Petitions and Executive Undertakings for consideration and report.” On request for clarity the Select Committee on Security on Justice was informed by the NCOP table that the petition, although submitted in compliance with the NCOP Rules, was not referred in terms of Rule 213 but rather referred to the Select Committee on Security and Justice in terms of the Constitution of the Republic of South Africa, Section 69(d) read with NCOP Rule 121(b) that requires the NCOP or any of its committees to receive petitions, representations or submissions from any interested persons or institutions. Rule 121(b) however deals with the general powers of Committees to receive petitions from the public in the course of performing its function, while Rules 209-215 (NCOP Rules 10th edition) specifically sets out a procedure for the form, lodging, approval, tabling and referral of petitions received directly by the NCOP and the process to refer it to the Select Committee on Petitions and Executive Undertakings.

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