The Independent Police Investigative Directorate has dismissed suggestions that poor investigations were the cause of the high number of cases that the National Prosecuting Authority declined to prosecute.
THE INDEPENDENT Police Investigative Directorate (Ipid) has dismissed suggestions that poor investigations were the cause of the high number of cases that the National Prosecuting Authority (NPA) declined to prosecute.
Last week, it was reported that the NPA decided to prosecute only 53 cases that were referred to it by the police watchdog body in the financial year ending in March.
Ipid, which is mandated to probe criminal offences allegedly committed by SAPS officers and metro police, made 2,093 referrals to the NPA in 2022-23.
The prosecuting body declined to prosecute 684 referrals, nine cases were withdrawn and 1,347 referrals were still waiting for responses. Opposition parties had slammed the “alarming” figures of the NPA’s refusal to prosecute and blamed it on poor investigations by Ipid.
Ipid spokesperson Robbie Raburabu said the insinuation that cases were declined by the NPA after referral was very subjective and devoid of the truth.
“Ipid cases are very comprehensively investigated,” Raburabu said. “There are a number of reasons that may lead to some cases being declined.
“This includes insufficient evidence and lack of independent witnesses to incidents,” he said.
Raburabu also said the victims were mostly people who were in conflict with the law.
“They are very rarely believed, or their witnesses are very often overwhelmed by those of their attackers. The police are often believed, especially by the prosecutors,” he said.
He insisted that Ipid had resolved that in cases where they felt that the NPA ought to have prosecuted but declined, to refer those cases for review.
According to Police Minister Bheki Cele, 16 cases were currently being reviewed by Ipid.
Meanwhile, NPA national spokesperson Mthunzi Mhaga said Ipid measured cases that had been referred to the prosecuting body for a decision.
He said dockets were seldom ready for decision and had to be referred back with requests for further investigation.
“This is not reported or mentioned by Ipid and provides a completely incorrect picture of the progress of case dockets under investigation,” he said.
Mhaga also said the 1,347 cases awaiting responses were in fact awaiting decision pending further investigations.
He stated that the high number of cases not resulting in prosecution were due to a variety of reasons.
“It is to be noted that the majority of complaints relate to assault and many of these are linked to the complainants of these assaults also being accused in other criminal cases. Most of these cases are opened in an attempt to counter the evidence to be produced during the criminal trials of such complainants,” he said.
“Even in the murder dockets opened, the actions of the police officials often relate to self-defence or actions performed in the line of duty where it requires in some instances to have a formal inquest by a magistrate in which formal evidence is produced, witnesses’ statements are tested during cross-examination and all factors are considered before an informed decision can be reached.”
Mhaga said the NPA had been engaging with Ipid. Meetings were held to discuss challenges and solutions and best practices were shared.
