Minister Kubayi addresses firearm case withdrawals and prosecutorial challenges

Minister Mmamoloko Kubayi addressed concerns regarding firearm case withdrawals and the challenges faced by prosecutors during a question-and-answer session in the National Council of Provinces. She stated that her department does not maintain records of the reasons for withdrawing specific firearm cases, as these details were recorded on individual case dockets returned to the South African Police Service (SAPS).

Kubayi explained that the National Prosecuting Authority (NPA) does not keep track of the reasons for withdrawing cases. In April, Kubayi had reported that 6,569 firearm-related cases were withdrawn after being enrolled in court, with 101 resulting in acquittals over the past two years. Over the previous five years, 26,665 illegal possession of firearms and ammunition cases were withdrawn, and 402 acquittals occurred.

The minister emphasized that many dockets screened by prosecutors lacked a reasonable prospect of success due to insufficient evidence, including incomplete witness statements, inadequate documentation, and issues with custody of seized firearms. Kubayi highlighted that decisions not to enroll cases do not reflect a reluctance to prosecute firearm offenses but rather comply with the constitutional obligation for prosecutors to institute proceedings only when the evidentiary threshold required by law is met.

She acknowledged concerns about the high levels of violent crime in Western Cape, particularly in gun-affected areas like the Cape Flats, and noted that the Western Cape's organized crime team has seen a decline in criminal activities since the deployment of the South African National Defence Force (SANDF) in support of the SAPS.

Kubayi affirmed that the NPA's role is to independently assess evidence and institute prosecutions only when there is a reasonable prospect of success. She also mentioned a plan to assist the SAPS in strengthening investigative capacity in firearm-related cases through training and collaboration but stressed that reporting should encompass gang-related issues nationwide, not just the Western Cape.

Kubayi highlighted Operation Prosper, involving SAPS, Defense Force, and the NPA's Asset Forfeiture Unit, which aims to address assets acquired illegally by gang members, preventing them from being used in criminal activities.