DA calls on the DPP to make a speedy decision on the Magashule Inquest Act docket
24 October 2019
The DA notes the replies from the Free State MEC for Police, Roads and Transport, Mr Sam Mashinini, that confirms that the investigation involving Ace Magashule in terms of the Inquest Act has been completed and currently with the Directorate of Public Prosecutions (DPP). The replies indicate that a statement/affidavit was obtained from Magashule on 19 June 2019.
On 17 July 2018 I personally requested a criminal investigation against Ace Magashule at the Parys SAPS under Section 2 of the Inquest Act (No 58 of 1959) for his failure to report an alleged murder to the SAPS.
Magashule alleged that the former Head of Department, Mr Sandile Msibi, died as a result of poisoning. Failure to report a suspicious death to the police constitutes a criminal offence. Magashule made the allegation public at the funeral of Mr Msibi, stating that prior to his death, there was an attempt to obtain the support of former President Jacob Zuma to send him abroad to Russia to receive treatment. If Magashule has a suspicion that his former HOD for Police, Roads and Transport had been murdered he should have reported this to the SAPS. It is alleged that Msibi himself was under investigation for financial malfeasance at the time of his alleged murder and that he was about to spill the beans.
The DA hopes that the DPP will take a decision in an impartial manner as a matter of urgency since the issue has been dragging on for more than a year.
PLEASE SEE RESPONSES FROM MEC BELOW:
110 Hon. R Jankielsohn (DA) asks the Hon. MEC responsible for PR&t: Mr. S Mashinini.
In view of the case lodged in Parys SAPS against the former Premier in terms of the inquest Act (58 of 1959) on 17 July 2018 is investigated under Provincial Inquiry Organised Crime Investigation Unit CAS 02/01/2018 being investigated by the Directorate for Priority Crime Investigation under Enquiry number CAS 02/01/2018:
110.1 Whether statements have been obtained relating to this case from (a) Mr Magashule and (b) other parties, if not why not, if so, what are the relevant details;
110.2 Whether there are any time-frames for the completion of this investigation, if not, why not, if so, what are the relevant details; and
110.3 Why has the complainant not received any feedback from the SAPS a year after lodging the complaint?
Yes, statement /affidavit of Mr. Magashule has been obtained dated 2019- 06-19.
Yes, other relevant witness statements material to the investigation were also obtained.
(a) Yes, statements /affidavits relevant to the investigation were obtained.
(b) The contents of the statements/affidavits cannot be revealed pending the decision by the office Director of Public Prosecution and /or court processes.
110.2. No time-frames could be attached to the investigation, the enquiry file will be submitted to the office of the Director of Public Prosecution for decision.
Ø The enquiry file is yet to be send to the office of the Director of Public Prosecution for decision.
Ø The investigation is pending the decision by the office of the Director of Public Prosecution.
110.3. The investigation into this matter was initiated at the instance of the then Acting Provincial Head: Directorate for Priority Crime Investigation, (Brigadier Tsokolo Augustinus Posholi), who is the complainant in this matter. The complaint by Dr. Roy Jankielsohn of the Democratic Alliance (Political Party) dated 2018-07-17 lodged at Parys Police Station, came after the enquiry file DPCI, Organized Crime Enquiry CAS 02/01/201 was already under investigation.
A decision was taken to investigate Dr. Roy Jankielsohn’s complaint under the enquiry which was already under investigation. Noting this decision by the SAPS, Dr. Roy Jankielsohn will be provided with regular feedback, which shall forthwith materialize.
115 Hon. R Jankielsohn (DA) asks the Hon. MEC responsible for PR&T: Mr. S Mashinini.
In a previous reply regarding the case lodged in Parys SAPS against the former Premier in terms of the inquest Act (58 of 1959) on 17 July 2018 the MEC indicated that the case is being investigated under Provincial Inquiry Organised Crime Investigation Unit CAS 02/01/2018, and further indicated that the case is being investigated by the Directorate for Priority Crime Investigation under Enquiry number CAS 02/01/2018. It is a concern that inquiries by the media received response from the SAPS provincial spokesperson Brig Makhele that the case is being handled by the HAWKS, however the spokesperson of the HAWKS Ms Linda Steyn indicates that they do not have any knowledge of this case. In view of the above, will the MEC confirm (1) which agency is investigating the case, (2) who are the investigating officers with their contact details, and (3) what the reasons are for the delay in the conclusion of the investigation?
(1) Yes, the case is investigated by the office of the Directorate for Priority Crime Investigation (DPCI), Serious Organised Crime Investigation Unit under reference number Enquiry CAS 02/01/2018.
(2) The investigating officer’s particulars are as follows:
Ø Brigadier Ketlamoreng George Mafoyane, Section Head: Serious Organised Crime Investigation (DPCI), Free State Province.
Ø Contact number (051) 407 3600 / 082 373 9259
(3) No particular impediment could be highlighted as a delay in concluding this investigation, it is safe to say the investigation has been concluded and pending a decision by the office of the Director of Public Prosecution.
Issued by Roy Jankielsohn, DA Leader of the Official Opposition in the Free State Legislature, 24 October 2019