16 Feb 2015

The decision to close Edson Mark Gumbo and Tshepo Molefe’s matters was arrived at after thorough consideration by the Director of Public Prosecution (DPP) and in exercise of the powers vested in him by the Constitution.

Minister of Defence, Justice and Security, Mr Shaw Kgathi told Parliament that in deciding not to institute proceedings in a given case, the DPP did not need to seek or obtain anybody’s consent nor did the DPP have to give reasons for deciding not to institute such proceedings.

Minister Kgathi said in respect of Edison Mark Gumbo the DPP directed that the inquest docket be closed as there was no evidence pointing to the commission of a crime or omission by the police officers and with respect to Tshepo Molefe the DPP advised that no further action be taken in the matter.

He said this meant that the member of the police service could not be held criminally responsible for the death of the deceased persons. Mr Kgathi noted that the decision to prosecute or not to prosecute or to exercise any powers stipulated under Section 51 of the Constitution was within the exclusive discretion of the DPP.  

He stated that when exercising those power as set out in the Constitution, the DPP was not subject to the direction or control of any other person or authority.

The minister pointed out that the discretion that the DPP is vested with is exercised in good faith and in the interest of the public and in deciding whether the interests of the public would be best served by instituting proceedings in a particular case, the DPP takes into account a number of factors. Among such factors is the question of whether there is sufficient evidence warranting institution of such proceedings.

Maun West MP, Mr Tawana Moremi had asked the minister to state the rationale for discontinuation of state action on the loss of the life of Edison Mark Gumbo and Tshepo Molefe, who were shot by law enforcement agencies. ENDS