[Debate] Fwd: [SERI Press Release] Magistrate strikes Thembelihle case from roll

[Anna Majavu]

---------- Forwarded message ----------
From: Kate Tissington <Kate at seri-sa.org>
Date: Thu, Apr 12, 2012 at 12:47 AM
Subject: [SERI Press Release] Magistrate strikes Thembelihle case from roll
To: Kate Tissington <Kate at seri-sa.org>


PRESS RELEASE

Socio-Economic Rights Institute of South Africa (SERI)

Johannesburg, 11 April 2012



Magistrate strikes Thembelihle case from roll



On 10 April 2012, the Protea Regional Court struck from the roll a
criminal case brought against 14 residents of Thembelihle informal
settlement (including 3 minors). The residents were arrested in
September 2011 following protests at the settlement over access to
housing and electricity.



The residents had been arrested late last year, after police moved to
crush protests in the poor and under-serviced informal settlement.
SERI stepped in to represent the accused when it became clear that the
main purpose of the prosecution was to punish the residents for having
embarked upon legitimate and lawful demonstrations.



The state's conduct of the prosecution clearly indicated that its
purpose was political. Despite being given seven months – and 9
postponements – to prepare its case, the state could not even produce
an adequate charge sheet with details of the offences of which the
residents stood accused. The residents have all along denied any
wrongdoing.



The charge sheet finally presented yesterday did not describe the
nature of the offences that the accused were charged with. The state
also conceded that it could produce just 1 witness to the alleged
offences. It would need yet more time to produce the testimony
required to continue with the prosecution.



SERI submitted yesterday that the state's conduct had created a
manifestly unreasonable delay in bringing the matter to trial. SERI
argued that the matter should be struck from the roll in terms of
section 342A(3)(c) of the Criminal Procedure Act 51 of 1977. SERI
submitted that the state had taken a casual approach to the case. Its
dilatory conduct caused the accused emotional, financial and
educational harm.



The Presiding Officer, Magistrate Mpofu, echoed SERI’s sentiments that
it was unfair to expect the accused to keep coming to court for no
purpose – given that the state was unable to provide any particulars
of the charges against them.



Teboho Mosikili, SERI attorney for the accused, said “I am glad that
the Court has reprimanded the state for its casual approach in this
matter. The ongoing remands were absolutely unreasonable. The delays
by the state have trampled on my clients’ constitutional rights to a
fair trial. These include being informed of the charges with
sufficient detail to be able to answer to them, and having their trial
begin and be concluded without unreasonable delay.”



Jackie Dugard, SERI's executive director, said, “The state's endless
foot-dragging in this case is clear evidence that this prosecution was
brought, not to punish crime, but to stifle legitimate community
protest in Thembelihle. The prosecution, and the way it has been
pursued, is yet another example of the abuse of the criminal justice
system in aid of silencing the real and legitimate grievances of
people living in informal settlement communities.”



The SERI Law Clinic, together with Advocate Nkosikhona Gama, Advocate
Irene de Vos and Advocate Stuart Wilson acted for the 14 accused.



Contact:

Teboho Mosikili, attorney at SERI: teboho at seri-sa.org / 072 248 2199

Jackie Dugard, executive director at SERI: jackie at seri-sa.org / 084 240 6187



ENDS



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