The entrance of the National Prosecuting Authority (NPA) in Pretoria. Picture: Michel Bega
The National Prosecution Authority (NPA) has been accused of taking sides in a case in which a Mpumalanga family is accusing Mafube Coal Mine of relocating relatives’ graves without consent.
Spokesperson Nurse Masombuka said they were part of the families from Nooitgedacht, Middelburg, who laid charges of the violation of graves and malicious damage to property after Mafube exhumed remains of their relatives and buried them in mass graves marked as unknown.
In a letter Masombuka sent to the NPA, she stated that a case was opened last December, while the prosecutor declined to prosecute on 5 November this year.
“The decision not to prosecute was made swiftly, without the prosecutor consulting with the investigating officer, with whom we had been closely following up,” said Masombuka.
“The prosecutor made an error in concluding that there were no prospects of a successful prosecution.
“There was no consent granted following the consultation with the exhumer and there was no court order authorising the exhumation and removal of the graves,” she said.
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The letter sent by the NPA to the family lawyer read: “Your client has opened a case of violation of graves. The elements of this charge are that the accused unlawfully and intentionally disturbed a human grave.
“We do not have enough evidence to secure a conviction. The fact that the graves were moved is not in dispute.
“The complainant is not certain who removed the graves, except for what was told to her,” the letter read.
“The company called Digby Wells had a discussion with the complainant and other family members to indicate the intention of relocating the graves.
“Afterwards, it was confirmed that graves were relocated. However, there is no evidence to prove who relocated the graves, as the complainant did not witness this.
“We can still overcome this aspect as Digby Wells is not disputing the relocation. The element that remains to be proven is unlawfulness.”
It added the grave digger followed procedures and obtained permits before the relocation.
READ MORE: Family awaits court ruling on mining giant wanting to remove body from burial site
NPA provincial spokesperson Monica Nyuswa said: “The formal NPA review process is that the decision of the Control Public Prosecutor will be reviewed by the senior public prosecutor, then by the director of public prosecutions and finally by the NPA head office.
“We cannot comment on an ongoing process.”
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