The National Prosecuting Authority has to date not yet made a decision whether or not to institute prosecution against the two health officials in the Life Esidimeni tragedy as the NPA first wants to make a thorough and well-informed decision regarding the matter.
This is according to Gauteng director of public prosecutions, Sibongile Mzinyathi, who provided an update on Thursday of his division’s performance during 2023/24.
“However, we want to assure both the families of the victims and the public at large that this matter is a priority,” he said.
The Gauteng High Court, Pretoria, earlier found that the former Gauteng MEC Qedani Mahlangu and the former Gauteng Mental Health Head, Dr Makgabo Manamela, can be held liable for the death of nine of the patients.
Speaking about the NPA’s achievements during this financial year, Mzinyathi said this division achieved a conviction rate in the High Court of 91.9%. This is 68 convictions out of 74 cases.
The High Court deals with serious cases like murder, rape, femicide, sexual offences, human trafficking, organised crime, and commercial crimes.
The conviction rate in the regional court was 83.8% - 1,540 convictions out of 1,837 cases. The NPA also obtained significant success in the district court with 96.3% convictions - 12,640 out of 13,130 cases. This is where the bulk of cases are dealt with, such as illegal immigration, common assault, and theft.
Murder prosecutions achieved a conviction rate of 81.7% - meaning that 196 out of 240 cases were won by the prosecution.
Mzinyathi said one of the high-profile prosecution successes was against Vusi “Khekhe” Mathebula and four others for the murder of businessman Wandile Bozwana. After a lengthy trial, the accused were finally convicted and sentenced to 30 years imprisonment each.
The NPA’s Gauteng division scored full points in the conviction of femicide prosecutions as it won 29 out of 29 cases. “The division has a femicide protocol on how to handle femicide matters.
All these matters are dealt with in the High Court, and they need to be reported within seven days so that investigations can be guided from the onset,” Mzinyathi said.
Turning to the conviction rate in murder relating to intimate partner femicide prosecutions, this division of the NPA scored 97.2% - winning 35 out of 36 cases. In one instance, an intimate partner was sentenced to life imprisonment.
Trio crimes (house robberies, business robberies, and car hijackings) - contact crimes that are the most feared as they cause significant trauma and personal threat due to their violent nature - also received a high conviction rate.
The prosecution won 80.5% of these cases - 103 out of 128 trials. The convictions for sexual offences also remained fairly high, with 77.5% - 306 out of 395 cases won by the prosecution.
This division also made inroads into complex commercial crimes and corruption cases, with a conviction rate of 90.5% - 38 cases won out of 42 cases.
The number of government officials convicted for offences related to corruption involving money laundering was 10, while this division won eight out of nine cases in this regard.
The conviction rate in environmental crimes stands at 87.5% with seven of the eight cases won. The conviction rate in cybercrime prosecution scored full marks with the prosecution winning all eight cases it had dealt with during this period.
Convictions in cable theft are also high, with an 80.7% conviction rate - 96 out of 119 cases won. The Pretoria Asset Forfeiture Unit (AFU) meanwhile secured three forfeiture orders to the value of R18 million.
The orders are to, among others, forfeit various properties belonging to the various kingpins, which are the proceeds of unlawful activities of a syndicate dealing in unwrought gold in Khutsong area, Carletonville.
The investigation by the Special Investigating Unit (SIU) against the National Lottery Commission (NLC) into allegations of fraud, theft, corruption, and malpractice at the commission is also making strides.
The investigation by the SIU revealed that there was massive corruption and theft committed by senior employees in the NLC who acted in cahoots with members of the public, be it business people or ordinary but well-known individuals.
The AFU brought applications for forfeiture against various individuals who were implicated in the theft to the value of approximately R93 million.
The AFU confiscated various assets in the form of houses and vehicles, while the investigation continues. The Pretoria Asset Forfeiture Unit (AFU) also secured two forfeiture orders to the value of R33 million.
The two orders were to finally forfeit various properties which are the proceeds of unlawful activities at Eskom’s Kusile Power Station, following allegations of serious maladministration and corruption.
Pretoria News
zelda.venter@inl.co.za
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