A case against five North West police Tactical Response Team has been provisionally withdrawn by the Mmabatho regional court.

They were facing charges of murder following the fatal shooting of Thato Motale, a member of the South Africa Defence Force (SANDF).

The incident left the Motale family frustrated as they believe they have been denied justice.

Motale was killed at the height of ‘Supra must fall’ protests and now his family is struggling to come to terms with their son’s death. The family also feels that justice has failed them.

The National Prosecuting Authority (NPA) has, on three occasions, not provided a prosecutor for the trail to start.

Motale’s mother says that she is frustrated. “I am so frustrated because I rely on the NPA, but it is frustrating me. I asked myself if this is really going to be a fair case against my child.”

The NPA could not give a clear answer why the case was withdrawn, saying they do not discuss the merit of cases. The independent Police Investigative Directorate (IPID) is worried about the role of the prosecutors who are involved in this case.

Moss Dlamini from the IPID says that there is enough evidence for prosecution.

“As IPID, we feel that there is sufficient evidence to prosecute and the was also a decision made by a line of prosecutors and the DDP’s office. However, the prosecutor who was assigned to deal with the matter seems to be less enthusiastic in pursuing the matter vigorously in court.”

For now, the Motale family can only hope that the matter will be re-enrolled.

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