Pretoria - A Pretoria resident who is the complainant in a R1 million theft case, had to turn to the Gauteng High Court, Pretoria, in a bid to ensure that the case against the alleged culprit is being investigated and is ready for trial.
Jacobus Kleinhans told Judge Elizabeth Kubushi that he had no alternative but to turn to the courts to enforce his rights as a citizen.
The trial of the alleged thief, only identified as Ms Wright, was due to start in May. However, it had to be postponed as the prosecution was not ready to proceed.
This followed the Prosecution Authority giving the police several instructions in December to further investigate certain aspects of the case further.
The prosecution authority said it needed additional information to proceed with the trial.
Kleinhans, however, said although instructions were given to the investigating officers, they simply did nothing about it.
“Little or no effort was made by the investigating officers in both the Wonderboompoort and the Sinoville cases to carry out the said instructions, and little to no effort was made by the prosecutor to ensure that such instructions were carried out.
“Despite continuously following up on the progress made in respect of the prosecutor’s instructions, I have only been met with animosity and treated with disdain.
“My concern is that the matter is not trial-ready due to the prosecutor’s instructions not being carried out, which will in all likelihood result in the State failing to successfully prosecute,” Kleinhans told the court.
The purpose of the application was, therefore, to obtain an order to direct the relevant state organs – the SAPS and prosecuting authority – to diligently perform their prescribed mandates, Kleinhans said.
“I am the complainant and in this regard I submit that the SAPS and prosecution should assist me as the complainant to prepare a proper case for trial. Instead I am dealt with as a criminal and met with animosity by the officials who should represent me as the complainant.”
As a complainant in the criminal charges he had the right in terms of the Constitution which entitled him to have the criminal charges properly investigated by the SAPS and the prosecution authority, he added.
Judge Kubushi in turn said: “It is undoubtedly so that every citizen of this country is, in terms of the Constitution, entitled to have any criminal charge that she/he filed with the South African Police Service, properly investigated and eventually prosecuted.”
Put differently, the judge added, it can be said that it is expected of the South African Police Service and the Prosecuting Authority to properly investigate and prosecute any criminal charge filed.
“The applicant, is as of right, in terms of the Constitution, entitled, therefore, to be provided the same treatment. This is a clear right which the applicant has been able to establish.”
It is claimed that the accused stole an array of goods from Kleinhans, which were stored at a Pretoria North facility. The accused allegedly offered some of the items for sale on an online platform.
The Hawks took video footage of the contents of storage containers in Sinoville, which the judge ordered the SAPS must obtain, as well as certain CCTV footage in the possession of the Hawks.
Judge Kubushi, among others, also ordered that the SAPS had to investigate on which social media platform the goods were advertised and whether those who bought them knew the items were stolen.
Pretoria News