National Prosecuting Authority fails victim of road rage – yet another postponement in assault case
20 January 2023
The case of a victim of road rage in which AfriForum’s Private Prosecution Unit holds a watching brief has been postponed yesterday in the Hatfield Magistrate’s Court. This is the third case this week that the unit is involved in that has been postponed due to disappointing performance from the National Prosecuting Authority (NPA) and the courts.
Brendan Matthews alleges that on 22 October 2021, he encountered businessman Hannes Botha at a four-way stop intersection in Waterkloof where Botha allegedly failed to stop. It is alleged Botha then started chasing Matthews, crossing a solid barrier line into oncoming traffic to force Matthews off the road. Matthews alleges that Botha blocked his vehicle from the front, approached his open window and punched him in the face. A witness, who was driving behind Matthews, has provided a statement which apparently confirms what happened.
Matthews and his mother approached the unit after unsuccessfully trying to obtain basic details about the case from the prosecutor. It emerged that the prosecutor was directing the matter towards mediation with the accused, despite it not being the will of the complainant
Despite the witnesses being present in court yesterday the prosecutor informed the Private Prosecution Unit that the witnesses could not be traced and as such he was ready to withdraw the matter.
The unit’s spokesperson, Barry Bateman, suspects that there are other reasons for the prosecutor being willing to withdraw the case. “It further emerged that the prosecutor, who reportedly dealt with the matter before, had not consulted with the complainant or witness. He was simply ill-prepared. It is inconceivable that the rights and interests of victims of crime can be upheld and defended if prosecutors are not prepared to put in the hard work and effort.”
The prosecutor went on to inform the court that the Senior Public Prosecutor at the court added an additional charge of reckless and negligent driving to the charge sheet that morning. The addition of the charge only happened after Adv. Phyllis Vorster from the Private Prosecution Unit raised the issue on the morning with the Senior Public Prosecutor. This development again speaks to how poorly cases are managed by the NPA.
“We will continue to monitor this case and all others where we have a watching brief. Without our involvement this matter, and many others, would never have been enrolled for trial,” Bateman added.
Unit head, Adv. Gerrie Nel says he is shocked by the prosecutor’s conduct. “In our view this is unbecoming and unprofessional. A charge of reckless and negligent driving was not even considered, and without the intervention of the Senior Prosecutor would not have been added. It is alarming that the prosecutor wanted to withdraw the matter with the witnesses being present. Unfortunately, it has become almost impossible to get justice in criminal courts without the assistance of a watching brief.”
The case was postponed to 9 March 2023.
Issued by Barry Bateman, Communications Manager: Private Prosecution Unit, AfriForum, 20 January 2023
