1. The National Director of Pubic Prosecutions informed me that as a result of representations made by a law firm acting on behalf of the relatives of the victim, the matter was referred to the Director of Public Prosecutions (DPP): Western Cape in July 2019. The matter is under investigation and is being guided by a senior member of the DPP’s office. Once the investigation has been concluded, a decision will be made whether to re-open the inquest or prosecute if prosecution is still viable at that stage. Further information cannot be divulged pending the conclusion of the investigation.
2. The information cannot be disclosed at this stage as it forms part of an ongoing investigation.
3. The information cannot be disclosed at this stage as it forms part of an ongoing investigation.
4. The circumstances relating to the deaths in detention of Mr Steve Biko and Mr Saloogee are currently under investigation by the Directorate of Priority Crimes Investigations (DPCI), guided by the NPA. Once the investigations have been concluded, which are receiving priority attention, decisions regarding the re-opening of the inquests or instituting prosecutions will be taken, if the latter is viable. In fact, several other deaths in detention are currently under investigation, and two (2) inquests have already been re-opened (i.e. Ahmed Timol and Dr Neil Aggett). In the Timol matter, prosecution has been instituted pursuant to the inquest. Prosecutions in cases relating to atrocities committed during the apartheid era remains a top priority for the NPA, and are included in the Strategic Plan of the National Prosecuting Service.
The NPA has embarked on a process which will result in all the deaths in detention dealt with by the Truth and Reconciliation Commission (TRC) being investigated. In addition, prosecution has been instituted relating to the murder of Nokuthula Simelane. The TRC acknowledged that the majority of amnesty applications came from convicted persons. This was as a result of investigations conducted by the South African Police Service and prosecutions instituted by the NPA. With that said, it must be acknowledged that there are serious issues with funding and a lack of human resources both in the NPA and DPCI which is primarily responsible for the investigations. The decentralised model for prosecutions is intended to address the lack of capacity in the NPA and its effectiveness will be evaluated in due course. For now, it is provided with much needed additional resources in the regions where cases are because the lapse of time means that witnesses and suspects are dying whereas loved ones are seeking justice. This needs to be urgently addressed hence the NPA is engaging with the DPCI.
5. The NPA is unaware of such an agreement.