GEORGE NEWS - Countrywide our legal system is failing us and the chances of getting some cases prosecuted get slimmer by the day.
In most parts of the country the average man on the street will even find it hard to open a case at their local police station and get it prosecuted.
This is the grim picture Adv Gerrie Nel painted when he spoke at an AfriForum breakfast event at Tramonto on Saturday 30 March. The theme of the morning follows the increasing violent crime and attacks on farms in the George area.
Nel, nicknamed Bulldog for his tenacity in the courtroom, resigned as state prosecutor in 2017 to head up AfriForum's private prosecuting unit. Since then Nel's team has grown to 10 members who have taken on some high profile cases with great success.
South African legislation makes private prosecution possible in cases where the National Prosecuting Authority (NPA) decides to not prosecute someone suspected of an offence.
Private prosecution gaining momentum
"I believe just like private schools and private hospitals, private prosecuting is something that will definitely gain momentum and popularity in South Africa," said Nel.
According to Nel, he decided to accept the position at AfriForum because he was concerned about the perception of the NPA's tendency to selective prosecutions and that everyone was seemingly not equal before the law.
"I believe in the supreme authority of the law. Our private prosecuting unit gives me the opportunity within civilian society to help ensure that everyone, irrespective of position, is equal before the law. AfriForum and I are now in a position to prosecute corrupt persons ourselves who are not prosecuted by the NPA," said Nel.
Later on Saturday afternoon, Steve Hofmeyr entertained attendees with a live show. With him are Afriforum members Jan Pretorius, Megan Heyns, Chris-Marí van der Walt, Abigail Janse van Rensburg, Jana Naudé and Ian Grobbelaar.
Question-and-answer session
After a detailed explanation into what exactly he and his team do, he opened the floor to a question and answer session where some very valid, interesting and at times emotional questions were asked.
These included what your rights are when opening a case against someone, what to do in the case of a nolle prosequi, what to do in incidents when police officers stall or procrastinate with a case and what to do when they refuse to take a case.
Other questions related to safety of farmers and the rights of neighbourhood and farm watches and their members, how and when to defend yourself and what happens to your firearms when you shoot an intruder.
Some questions, especially those relating to sexual offences cases that have been removed from the court roll due to police negligence and poor investigations, or the NPA simply refusing to prosecute, confirmed the realities that some victims of crime, and their families, have to live with.
Empowering members
Chairperson of AfriForum George Eduan Naudé said the morning was a great success and thanked Nel for his assistance and the time he spent answering questions.
He reiterated what Nel said about certain authorities failing our country and said this is the reason why AfriForum is empowering members with the knowledge to conduct private prosecutions.
"Statutory institution along with the government are failing the citizens. Just think of health, education, Eskom. Examples are never-ending. The criminal justice system is another example. However, the criminal justice system has many adverse consequences, [such as for] our safety.
"The criminal and corrupt win all the way. The ordinary citizens' hands were cut off. This especially affects the less fortunate.
"AfriForum's motto is 'We will do it ourselves, but not alone'. Therefore, we empower our members and other partners in our Community Safety Unit with knowledge to also conduct private prosecutions," said Naudé.
Gerrie Nel with Eduan and Heidi Naudé of the Afriforum branch in George. Photo: Jana Naudé
Gerrie Nel and Marnus Kamfer with AfriForum members Louise Lombaard (left), Chris-Marí van der Walt, Megan Heyns, Jana Naudé, Ian Grobbelaar and Jan Pretorius. Photo: Kristy Kolberg‘We bring you the latest Garden Route, Hessequa, Karoo news’
