NPA defends progress in prosecuting July unrest-related crimes amid ‘slow pace of justice’ claims

WHILE the South African Human Rights Commission (SAHRC) has expressed concern over the “slow pace of justice” in cases related to the July 2021 unrest, the National Prosecuting Authority (NPA) has highlighted significant progress in prosecutions.

In a recent statement, the SAHRC said it remained deeply concerned by the slow pace of justice regarding criminal incidents that unfolded during the July unrest in 2021. 

This followed a case murder from the unrest which was scheduled to be heard in the Verulam Magistrate's Court. 

The SAHRC, represented by Commissioner Philile Ntuli in her role as one of the July Unrest Inquiry panellists, attended the court proceedings on a watching brief. The watching brief formed part of various activities being undertaken by the Commission to monitor the implementation of the July Unrest Report recommendations.

In addition, the SAHRC said a total of 12 unrest-related criminal matters were heard in the Verulam Magistrate Court. Furthermore, six inquests related to Phoenix deaths were also conducted.

The SAHRC said "disturbingly", all six inquests were concluded informally, without public hearings. 

“These informal procedures, while legally permissible, fall short of delivering the level of transparency and public accountability warranted by the severity of the July unrest atrocities. The SAHRC is also actively considering its legal options to request the judiciary to convene formal and public inquests into the July unrest deaths, particularly those arising in Phoenix and surrounding areas, including Khan Road Corner, in Pietermaritzburg. 

“The SAHRC calls on the National Prosecuting Authority (NPA), the judiciary, and all branches of government to commit to restoring public confidence in the justice system by ensuring that the truth surrounding the events that occurred in July 2021 is uncovered through public, formal legal processes,” read the statement.  

Advocate Elaine Harrison, the KwaZulu-Natal Director of Public Prosecutions (DPP), said at the time of the unrest, “it must be remembered that the NPA had to properly coordinate itself to respond to the events as they unfolded". 

She said the SAPS had set up a task team and the NPA responded to the work of this task team so that there was proper coordination regarding the work that had to be focused on, which involved the murders that took place in Phoenix and surrounding areas. 

“The working of the task team with the coordination the NPA had put into place proved to be very beneficial because there was an oversight of cases which the task team was dealing with.”

Harrison said the NPA coordination included that all murder and attempted murder dockets had to be dealt with by the general prosecutions, high court section at the DPP office.

“All the Incitement dockets went to the Organised Crime Component (OCC) Section because it was not only incitement charges which were being looked at, but the possibility of treason charges which also had to be considered. The prosecution has been able to obtain the authority of the National Director of Public Prosecutions to proceed with treason charges in terms of the Prevention of Constitutional Democracy Against Terrorist and Related Activities Act 33 of 2004. 

“The rest of the cases, such as malicious injury to property, possession of suspected stolen goods and housebreaking, went to the lower courts for the prosecutors there to deal with,” she said. 

Harrison said the office of the DPP in KZN had noted the concerns raised by the SAHRC regarding how the inquests were conducted. 

“This office will investigate the issue and will revert in due course. Regarding the issue of families being informed of the prosecutorial decision made in the cases not enrolled, there was an agreement with SAPS that they would inform the families of the decision made in the cases.”

Harrison said they were also aware of the concerns raised regarding the slow finalisation of some cases which arose from the unrest. 

She said, however, all the dockets referred to the NPA by the appointed SAPS dedicated team were finalised with prosecutorial decisions. 

“Of the 66 dockets referred to this section, five of them were referred to the high court or regional court for prosecution thereof. There were successful prosecutions in these matters but for one where there was an acquittal. There was a sixth matter which had to be withdrawn from the court roll after consultation with the witnesses.

“In one of these successfully prosecuted matters, the accused's conviction and sentence was appealed. The matter was also heard in the Supreme Court of Appeal, and that application was refused.

“Regarding all the other cases, these were referred for inquests to be held. As already stated, this office has decided to investigate by calling for the inquest records and determine whether there were any family members who were subpoenaed for the inquests, as a judicial officer also has the power to make such a decision,” she said.

Harrison said with regard to the case dockets with the OCC, these matters were being investigated by the Hawks. 

“There are seven of these cases which were referred to court. Of the seven cases referred to court for a prosecution to continue, two of these have been finalised. There was one with a guilty verdict and one where there was a not guilty verdict. All the others are still on the court roll and are at trial stage. It must also be noted that not all the matters were enrolled simultaneously but were enrolled at different times. 

“There were other cases where the prosecutors declined to prosecute in these matters because of lack of sufficient evidence to enrol the matters. There is one matter waiting to be enrolled,” she said. 

Harrison added that there were various other case dockets that had been finalised in the lower courts. 

“There are also other case dockets which were referred to the Independent Police Investigative Directorate for investigation as they involved police officers. The Asset Forfeiture Unit has also forfeited assets, such as cars, in some of these matters. There were media reports on some of these cases.”

Harrison added that all trials that have been conducted in court have addressed the issue of transparency and accountability by those who committed the offences.

“All these matters were conducted publicly. The only matters where there is a concern are those where it has been said that inquests have been held and this office is now investigating whether any person(s) were subpoenaed for the inquest.

“It must be noted that before there is any enrolment of cases, there must be admissible evidence under oath or affirmation which links a person to the commission of an offence. In the cases where there was no enrolment, there was no evidence or insufficient evidence which allowed for the enrolment of the cases. As a result, where there was a deceased person, the cases were referred for inquest proceedings to be held. SAPS had the responsibility of informing the families of the decision made in the cases as per our discussions,” she said. 

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