NPA in tight spot over ruling
THE NPA appears to be confused over whether or not to investigate and prosecute two policemen who recanted their statements regarding the murder of activist Andries Tatane.
THE National Prosecuting Authority (NPA) appears to be confused over whether or not to investigate and prosecute two policemen who recanted their statements, leading to the acquittal of seven of their colleagues accused of the murder of Free State activist Andries Tatane.
Last week magistrate Hein van Niekerk ruled the state had not proven beyond reasonable doubt that any of the seven policemen were directly responsible for Tatane’s death, and acquitted all of them. Tatane was killed during a service delivery protest in the Free State town of Ficksburg two years ago.
Yesterday the NPA issued a media statement that said it was not confident that charges of perjury would stick as the court had ruled them as being unreliable witnesses rather than having deliberately committed perjury.
However, NPA acting deputy director of prosecutions Thoko Majokweni then retracted that statement and said a case would be opened of perjury with the police against its own members. “As the NPA, we will open a docket for investigation of the witnesses who recanted their statements during their testimony given under oath,” Ms Majokweni said.
She did not give any direct reason for the contradiction in her written and verbal media statements.
Two of the three policemen who gave testimony in the murder trial surprised prosecutors when they recanted their sworn statements in court, saying they could not positively identify which of their colleagues had fired the fatal shots that led to Tatane’s death.
Tatane’s death was recorded on video by the SABC, a witness with a cellphone, and by the South African Police Service (SAPS).
The NPA said the SABC video was not used. However, none of the recordings clearly identify who fired the fatal shots. The recordings show him being shot at point blank range by a policeman armed with a shotgun firing rubber bullets.
The acquittal drew outrage across the country with allegations of sloppy work by the NPA, the Independent Police Investigation Directorate and the SAPS.
Ms Majokweni also said the NPA would not appeal the verdict as it was based on fact and not on a legal interpretation and another court was not likely to differ.
Chief prosecutor Sello Mathloko said there was no indication from the witnesses during pre-trial consultations that they would recant their statements. He said a third police officer who testified could not explain to the court why he alleged that police had used excessive force when restraining Tatane, but claimed in an internal hearing that the opposite had happened.
Criminal lawyer William Booth said the NPA must prosecute witnesses who recant sworn statements in court after having gone through pre-trial consultation. “Policemen are trained and act in their everyday jobs as commissioners of oaths. They understand the implications of a sworn statement, unlike members of the public who may not,” he said.