News24

State not appealing Tatane ruling

2013-04-03 17:33

Cape Town - The State will not appeal against the acquittal of seven police officers accused of killing protester Andries Tatane, the National Prosecuting Authority said on Wednesday.

"On the basis of many challenges, the NPA is of the view that with the same set of facts that were presented in court it is highly unlikely that another court would find differently," acting deputy director of public prosecutions Thoko Majokweni told journalists.

Majokweni did, however, announce perjury charges would be pursued against two policemen who testified in the trial.

"As the NPA, we will open a docket for investigation of the witnesses who recanted on their statements during their testimony given under oath," Majokweni said.

During the trial, two officers testifying for the State retracted their original statements.

They claimed they were threatened into making statements to the Independent Police Investigative Directorate.

They could not identify who fired the fatal shots after being shown video footage.

NPA prosecutors were caught unawares by the claim. A third police officer who testified could not explain to the court why he alleged the police had used excessive force when restraining Tatane, but claimed in an internal hearing that the opposite had happened.

"The three police witnesses could not withstand cross-examination and were found by the court to be evasive, not credible, and unreliable," Majokweni said.

Tatane was killed on 13 April 2011, allegedly by police using rubber bullets, during a service delivery protest in Ficksburg.

Comments
  • Sheda Habib - 2013-04-03 17:44

    Of course not. He was killed by the state............... R.I.P. my brave man. You had the courage to voice outrage against poor service delivery. You had the courage to use your freedom of expression You had the courage to exercise your democratic right. I wish I had your bravery............

      kalabafazi - 2013-04-03 18:06

      Keep in mind that the state is run by a bunch of miscreants.

      Danie Theron - 2013-04-03 18:31

      For the first time an NPA official (ie Thoko Majokweni in this case) is making some sense. This is not a popular verdict - a matter that is heavily misunderstood by the public - legal verdicts are NOT a matter of popular consent, else it would have been called politics and would be an even greater mess than what is currently is. Read the court scripts - it was a very thorough judgement; the NPA knows this. It is technically correct and the precedent set for the Marikana inquest cannot be ignored. There are at least two fundamental matters important here: 1. The 'trigger' in this incident, was poor service delivery, by whom..? The ANC. Continue to vote for the ANC and this is the kind of country your children and theirs will inherit. 2. This is why the state and the judiciary HAVE to be absolutely independent. Zuma and his post-Polokwane'07 ANC have done everything possible to destroy the independence of the judiciary. Continue to vote for the ANC and this is the kind of country your children and theirs will inherit. If the public feel so strongly about the Tatane case - do something tangible for the 1st time since 1994 - start a fund to pay for the best legal team in SA (Malema's lot must now surely be free - eg he won't pay) and sue the state and/or police in a civil litigation. SA'can will always just SIT AND COMPLAIN, someone else must always do something, someone else is always to blame...

  • Mzwandile Jola Dlamanzi - 2013-04-03 17:48

    This guy was beaten heavily by police and eventualy got short by rubber bullets by the same police and died. But in the end no one is responsible for his death from the police. It seems the word logic does not exist on judges dictionaries.

      Al Pal - 2013-04-04 22:46

      Welcome to ANC version of Justice system

  • Michelle Blackie - 2013-04-03 17:51

    Surprise, surprise - not! RIP Mr Tatane. Your voice has not been silenced!

  • Seun Mogotji - 2013-04-03 18:02

    Of course not. He was killed by the state............... R.I.P. my brave man. You had the courage to voice outrage against poor service delivery. You had the courage to use your freedom of expression You had the courage to exercise your democratic right. I wish I had your bravery............

  • Challis Agatha Leigh Cupido - 2013-04-03 18:10

    isnt this the guy who tried to stop the police from doing their job?????

  • Vuyani Paraffin - 2013-04-03 18:25

    It seems as if the police get away with everything. I fell sorry for the Tatane family.

  • Alan Street - 2013-04-03 18:29

    A martyr! Murdered by the selfsame government for which he probably voted.

  • Skosana Mafika - 2013-04-03 18:34

    no wonder they loose so many cases this bunch of learned losers.

  • Rampant - 2013-04-03 18:34

    A sad day for our justice system(if I could call it JUSTICE) Obviously the witnesses have been intimidated and it is evident that the prosecutors were also intimidated.We are now living in a dictatorship state.The government had no way out of this one, so, INTIMIDATE.The rest of the world is watching.

  • Edmund van Wyk - 2013-04-03 18:51

    The ANC can do what they want because they know that U poor blacks will also vote for them Sad day for the people and the NPA good for nothing

  • Hilton Abdol - 2013-04-03 18:54

    I'll rather not say anything because I might appear on a list and who will protect me? Guess the Ghostbusters.

  • Peter Mokoena - 2013-04-03 18:58

    Terrible day for the dying justice system, soon there will be nothing left of it.

  • Nokukhanya Ngcongo - 2013-04-03 19:06

    How cn thy appeal if thy Dnt hv proof/evidence

  • Dalton Mveli - 2013-04-03 19:06

    gavernment must take action against police

  • David Madisha - 2013-04-03 19:08

    I can't believe it.....

  • Musa KamaShobane - 2013-04-03 19:22

    I sad last week I bet my life Nathi Mthethwa and Jeff Radebe are bosom buddies, comrades of the Zuma clique, they will never appeal against one another. I am vindicated. It is outrageous, ridiculous and reckless of NPA to have messed up this case

  • Aziangwisi Given - 2013-04-03 19:36

    Ppl still gonna die lyk dogs.there is no justice.

  • Sabelo Lex Mthembu - 2013-04-03 19:40

    We have one of the best human rights laws in the world but shame, our judicial system must be close to one of the worst. No justice.

  • Cane Corso - 2013-04-03 19:43

    You reap what you sow cANcer, you reap what you sow ...

  • Lee - 2013-04-03 19:51

    Well said Danie

  • Boitumelo Seane - 2013-04-03 21:01

    There's people that saw who fired the fatal shot, but they failled to come forward and testify, hence the acquital, an appeal will be a waist of time if based on same facts and evidence or lack of.

  • Saijal Gandhi - 2013-04-04 11:45

    Its a joke...sad but true....this is how the justice system rolls in SA!!!

  • Ryan Alexander Smith - 2013-04-04 14:09

    remember that if Tatane wasn't violent and didn't resist arrest that none of this would have happened. should rubber bullets not be used on violent protesters that attack police ? you can clearly see Tatane swinging at the police

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