I have been informed by the National Prosecuting Authority that:
- The senior prosecutor was of the view that a prima facie case had not been made out. However, they relied on the wrong section of the relevant Act. The office of the Director of Public Prosecutions (DPP) reviewed the matter and decided to prosecute.
- This question falls away as the DPP has overruled the decision of the senior prosecutor and decided that prosecution should be instituted. The matter is on the court roll of the Germiston Regional Court and has been remanded to 16 November 2018.