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The Booysen CAS 8/07/2021 case was provisionally withdrawn on 12 October 2022 and finally withdrawn by Advocate De Kock from NDPP in January 2024.
“Our Booysen CAS 8/07/2021 was provisionally withdrawn on 12 October 2022 and finally withdrawn by Advocate De Kock from NDPP in January 2024”
In 2022, the matter was initially going to proceed to prosecution, but Advocate De Kock decided not to proceed with prosecution in 2024 after a response to General Kadwa explaining why the NPA decided not to prosecute.
“initially the matter was going to proceed and then the prosecutor decided not to proceed with the prosecution...And this was a decision taken by Advocate De Kock... No, my apologies, 2024... it was a response to General Kadwa providing reasons why the NPA had decided not to prosecute”
The charges against Warrant Officer Magane and others were withdrawn in November 2022 after representations were made to the National Director of Public Prosecutions' office by their lawyers and advocates, specifically Advocate De Kock who has since passed away.
“The case was finally – we made representation to the NDPP's office through our lawyers and advocate... The charges were finally withdrawn... Advocate De Kock... the one who decided on our matter. So the charges were finally withdrawn. That is correct.”
The letter containing reasons for not prosecuting was produced by Advocate De Kock from the Office of the NDPP and shared with the Evidence Leader.
“there is the ruling from the Office of the NDPP ... that should be the outcome of the representations and providing reasons why the State is not prosecuting.”
Advocate De Kock decided to withdraw the matter because photographs clearly showed no vehicle blocking the way for the accused's vehicle at the scene.
“this talks to the reasons as to why Advocate De Kock decided to withdraw the matter: "Captain Sebola allegedly alleged that Sergeant Ndou's marked police vehicle was parked in such a way to block the way for Magane's vehicle... It is clear from the photographs that there was no vehicle blocking the way for Magane's vehicle not to leave the scene."”
Advocate De Kock advised Major General Kadwa that after careful consideration of all available evidence and factors, there are no reasonable prospects of a successful prosecution in the matter of State v Magane and 3 Others.
“De Kock says: "After careful consideration of all available evidence and factors, I am of the view that there are no reasonable prospects of a successful prosecution."”