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NATIONAL ASSEMBLYÂ
QUESTION FOR WRITTEN REPLY
PARLIAMENTARY QUESTION NO.: 2999
DATE OF QUESTION: 14 OCTOBER 2011
2999. Ms M Smuts (DA) to ask the Minister of Justice and Constitutional
Development:
In respect of the (a) 2009-10 and (b) 2010-11 financial years, how many
witnesses testifying in court cases have died from criminal conduct on the
part of persons against whom the witness testified?  Â
NW3483E
REPLY:-
(a) & (b)Â I wish to inform the Honourable Member that I have been informed
that neither my Department nor the National Director of Public Prosecutions
keep a record of deceased witnesses or causes of such deaths.
The National Director of Public Prosecutions informs me that information is
only available with regard to witnesses who are or were or had been on the
witness protection programme. With regard to both financial years, no
witnesses were killed or injured while they were on the witness protection
programme. Furthermore, no witnesses were killed or injured after they had
lawfully been discharged after testimony.
Despite the zero returns mentioned above, I wish to inform the Honourable
Member that I have been informed of two instances where witnesses that were
on the witness protection programme died after electing to leave the
protection programme.Â
⢠In a Free State criminal case, a witness decided to leave the witness
protection programme prior to giving testimony. He returned to the
danger area where he allegedly stole a firearm and got involved in a
fracas during which he was disarmed and killed with the same firearm.
 There is no evidence, according to the investigating officer, that the
people with whom he fought had any relation to the case in which he was
to testify. Â Despite his demise the trial continued and was concluded
on 11 October 2011 with all 10 accused having been convicted on various
charges for which they were sentenced to long terms of imprisonment.
⢠A Western Cape witness also decided to leave the witness protection
programme in October 2010. Â He returned to the danger area and about a
week later his body was found on a vacant lot, having been shot.
 Although the police suspect a very notorious gang leader, no evidence
has yet been found as to the killer(s). Â