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23 October 2007

The following police dockets were received for decision:

1.1. Cape Town CAS 1517/7/07 - Mayor Helen Zille and others – charges relating to an alleged illegal march to Parliament on 18 July 2007. In this matter no arrests were made and it was referred to my office for a decision whether to prosecute or not.

1.2. Mitchells Plain CAS 605/9/07 – Imam Maker – charges for contravening the conditions of an authorised march on 9 September 2007 by stopping at alleged drug outlets.

1.3. Mitchells Plain CAS 604/9/07 – Mayor Helen Zille and 11 others – charges relating to an alleged illegal gathering outside the police station after the arrest of Imam Maker on 9 September 2007. It is alleged that:

1.3.1. Mayor Zille convened the gathering held without notice (Section 12(1) (a) of the Regulation of Gatherings Act, 205 of 1993 ("REGA")) or convened or attended the unapproved or prohibited gathering (Section 12(1) (e)), or interfered, etc, with the police in the exercise of their powers (Section 12(1) (j)).

1.3.2 The other 11 accused were presumably arrested for attending an unauthorised gathering or demonstration (Section 12(1) (e)).

2. The latter two dockets resulted in the arrests of the accused at the scenes. Their cases were postponed to 26 October for further investigation and the Director of Public Prosecutions' decision.

3. I have declined to prosecute in all of the above-mentioned cases, because there are no reasonable prospects of successful prosecutions.

4. In the case of those matters already on the court roll, they will be withdrawn at the next court appearances.

5. The following considerations apply in respect of each of the matters mentioned above:

5.1. Cape Town CAS 1517/7/07: The prosecution will not be able to prove that the march was held without the requisite approval, nor that the participants intended to march without approval.

5.2. Mitchells Plain CAS 605/9/07: I am of the view that there was substantial compliance with the conditions of the march.

5.3. Mitchells Plain CAS 604/9/07:

5.3.1. The prosecution of Mayor Zille: I am of the view that it does not constitute an offence merely to attend a gathering that was not approved in terms of REGA; that the State will have difficulty in proving that the assembly at the police station was a gathering as defined; that it is not reasonably likely to be proved that Zille convened the assembly; and that there is no acceptable evidence that Zille interfered with the police in contravention of REGA.

5.3.2. The prosecution of the other arrestees: I am of the view, as stated above, that the other arrestees did not commit an offence by merely attending the gathering or assembly at the police station.

6. It should be emphasised that each case is decided according to its own merits. Should there be evidence in future that conditions for the holding of marches or demonstrations are contravened, especially when there is any threat to property and the safety of the public, I will not hesitate to vigorously prosecute those who commit any such offences.

Issued by: National Prosecuting Authority
23 October 2007