Justice for Jaycee: concerns raised over NPA
CONCERNS have been raised over the way the SAPS and courts conduct murder cases after the swift release and disappearance of an undocumented foreign national allegedly responsible for the death of a 16-year-old pupil.
Provincial police spokesperson André Traut confirmed that the investigation was conducted and the suspect was subsequently arrested. He said the suspect was released on bail by the court, “although bail was opposed by the police, and he is currently being sought by police”.
“The investigating officer was present when the accused applied for bail. Both the prosecutor and investigating officer agreed that there were no grounds to oppose the bail. The accused had no pending or previous cases and is not deemed as a flight risk,” Groenewald said.
When Traut was reapproached to comment on the prosecutor’s email, he said: “The responsibility to release a murder suspect on bail is a judicial process and this matter is best addressed by the Department of Justice.”
He did not confirm whether SAPS made contact with the Malawian Embassy and police.
Heathfield High School principal Wesley Neumann wrote to both SAPS and the National Prosecuting Authority (NPA), complained about how foreign nationals such as Joseph Mkandawire, who are allegedly in the country illegally, get away with murder, leaving victims’ families to grieve without justice being served.
His concern in the matter followed the death of his Grade 9 pupil Jaycee Martin, who was stabbed to death allegedly by Mkandawire on Human Rights Day last year when he tried to protect a female friend from being assaulted by the Malawian.
Mkandawire was released on R500 bail a few weeks after Martin’s murder and has not been seen or heard of to date. Neumann said even though the police updated the family that warrants were issued for Mkandawire’s arrest as they could not locate him for court hearings, the manner in which they handled the matter was shocking.
Neumann asked whether the Malawian Embassy was contacted by SAPS to establish if Mkandawire returned to his home town and if the Malawian police were had been asked to trace the suspect and to facilitate his extradition. The NPA’s Western Cape regional communications manager, Eric Ntabazalila, confirmed that the accused was released on bail. However, he said he could not confirm the exact amount of the bail.
“The prosecutor and the investigating officer decided not to oppose bail as there were no reasons to oppose it. The status of the case is that police are still searching for the accused.”
The Malawian Consulate General could not comment on the matter and directed Independent Media to the Malawi High Commission in Pretoria.
After 13 days of emails and calls, the Malawian High Commission had still not commented on the matter to advise if the suspect was in South Africa legally and to determine whether or not he had returned to his home country.
Meanwhile, Heathfield High School has established a “Justice for Jaycee” committee which includes teachers, pupils, parents and community members to ensure that justice is served.