Still no trial date for simple stock theft case nearly two years after arrest
The never-ending failure of the criminal justice system never ceases to surprise or astound AfriForum’s Private Prosecution Unit. It has taken almost two years, 10 postponements and even the matter being struck off the roll, but still a trial date has not been set in a straightforward case of stock theft. Ikogomotseng Molefe and Manang Bopalale are accused of poaching a prized nyala bull worth an estimated R12 000.
The pair made a brief appearance in the Swartruggens Magistrates Court where the case was postponed until 18 October 2023. The reason this time is that the attorney for the accused is taking maternity leave and a new lawyer will need to be appointed. This can only mean even further delays in finalising this case. This is also not the first time the accused have changed defence attorneys.
The police arrested the two accused on 26 September 2021 while in possession of a butchered nyala carcass. The Private Prosecution Unit assisted the complainant Charl Visser with first of its kind DNA analysis which confirmed his ownership of the carcass. Despite this compelling evidence, the matter has seemingly been postponed in perpetuity.
In July last year the matter was struck off the roll because the investigation had not been completed and the magistrate had refused further postponements.
At the time, when the unit followed up with the investigating officer Warrant Officer Motlhajwe, he laid blame on the office of the Director of Public Prosecutions (DPP), claiming that the DPP was in possession of the docket.
In that letter, head of the unit, Adv. Gerrie Nel stated: “We are not satisfied that the investigating officer is serious about his work. His protracted failure to complete the investigation has set free suspects who should be in court facing a criminal trial on very serious offences.”
Nel added further criticism saying that the poor state of affairs reflected on the management of the police investigators unit.
The unit’s spokesperson Barry Bateman says that the adage, justice delayed is justice denied, is apt. “It is because of delays like this, and that justice is always out of reach, that exacerbates the incidences of crimes of stock theft and poaching in rural areas.
“If investigators and prosecutors did their jobs correctly and ensured there was swift accountability, there would certainly be fewer instances of such crimes,” says Bateman.
