31 July
Neville Els testified at the North Gauteng High Court.
Read summary of testimony: https://www.ahmedtimol.co.za/wp-content/uploads/2021/06/Annexure-D.pdf
Read police file https://www.ahmedtimol.co.za/wp-content/uploads/2020/03/J3-Neville-Els’-police-file.pdf
16 August
Seth Sons testified at the North Gauteng High Court.
Read summary of testimony: https://www.ahmedtimol.co.za/wp-content/uploads/2021/06/Annexure-H.pdf
Read police file https://www.ahmedtimol.co.za/wp-content/uploads/2020/03/J5-Seth-Sons’-police-file.pdf
https://citizen.co.za/news/south-africa/1616710/apartheid-cop-was-torture-master-says-duarte/
12 October
Reference to Els and Sons:
- Els should be investigated for misleading the Court that he only knows of the allegation of assault on detainees from the media. The police file records reflect that he was in attendance as one of the interrogators when Naik was subjected to the “helicopter” method of torture for which he lost the use of his hands.
Sons should also be investigated for testifying under oath that he heard of detainees‟ assault from the media. There are five witnesses who filed affidavits to dispute his statement.
20 October
Neville Els: 822/10/2017
Seth Sons: 824/10/2017
06 December
05 January
07 January
01 March
06 March
07 April
09 April
12 April
23 April
24 July
28 August
10 September
14 September
“The prosecutor dealing with the matter spoke to the investigator, Capt Mathipa enquiring about progress regarding the instructions she had given for further investigations. The feedback from the investigator on 5 September 2018 was to the effect that he would meet Mr Frank Dutton for the contact details of witnesses. Whilst this office does follow up with investigator from time to time on the progress on investigations, it is the investigator who must go out and conduct same. This office is eager to have these investigations finalized so that a decision can be made in this matter, and we equally frustrated by the slow turn-around time of the investigations. The prosecutor will again follow up with the investigator on his scheduled meeting with Mr. Dutton.”
10 October
06 November
13 November
18 November
Affidavits in the public domain:
(17/08/2017: Mail & Guardian) Timol inquest: Jessie Duarte reminds apartheid cop of torture he couldn’t recall
10 December
30 September
Chris Macadam responded to Mr. Moray Hawthorn from Webber Wenzel (WW) that the Els and Sons matter was dealt with by DPP Pretoria. As far as Macadam was aware Adv. Mzinyathi called for a report from the prosecutor dealing with the case. Once it was received, Macadam would advise accordingly.
02 October
Cajee responded on the same day to Adv. Mzinyathi copied Adv. Johnson; Lizzie M. Maphutha; Torie Pretorius (JP); George D. Baloyi; lebeyaSG@saps.gov.za; Shamila Batohi <SBatohi@npa.gov.za>; Maria Mutshivhana; deputyminister@justice.gov.za; blwilliams@justice.gov.za and reminded him that 2 years had passed since the historic 2017 Judge Mothle ruling and that the Els and Sons matter had not been concluded. The only conclusion drawn was that there was no will to investigate the matter. Also politely reminded that the NPA/HAWKS would be held accountable if either Els and Sons would pass on without the conclusion of the investigation
18 November
27 January
28 January
12 February
13 February
Adv Baloyi responded same day: “We will address those issues in the decision on the matter which we will hopefully finalize towards the end of next week”. Also once again brought to his attention that the case against Neville Els (Age 85), Case Number 822/10/2017 and Seth Sons (Age 83), Case Number 798/10/2017 had been opened at the Pretoria Central police station in October 2017. More than 2 years and 5 months later, the investigation is still not concluded.
Response from NDPP Batohi to Adv. Mzinyathi: “I thought that we had attended to this. Please do”.
25 March
26 March
21 May
https://www.ahmedtimol.co.za/npa-will-not-prosecute-els-and-sons/
Read PR: https://www.ahmedtimol.co.za/npa-will-not-prosecute-els-and-sons/
21 June
(See Annexures: A – C2 and D – H).
It had taken the NPA more than 30 months (2.5 years) to make this decision after persistent correspondence from Cajee to various officials at the NPA.
Read PR: https://www.ahmedtimol.co.za/representation-made-to-npa-els-and-sons/
24 June
11 September
14 September
02 December
Response received from Adv R J de Kock same day. Office has received report from North Gauteng DPP Adv S Mzinyathi and is attending to the matter
20 January
17 February
05 April
09 April
24 May
17 June
20 July
Response from NDPP Batohi: “My apologies for not reverting sooner. My Office will follow up on this and we will revert”.
30 July
.
07 September
This matter has become unduly and unreasonably delayed. It has been nearly 4 years since the Inquest Court made its recommendation that Els and Sons be charged with perjury. It has been more than 14 months since we made representations to you on 21 June 2020 to review the decision of the DPP. It has been than 9 months since your office received the report of DPP Mzinyathi’ on 2 December 2020. On 9 April 2021 you noted in a communication to Webber Wentzel that “a review should not take that long.”
We are instructed to advise you that if you do not make your decision by close of business on Monday 13 September we will approach the High Court for an order compelling you to make a decision.
20 September
New Investigating Officer traced Sons. Will make representation to the Deputy National Director of Prosecutions -deadline 30 September 2021. Els also to make representation – deadline 30 September 2021.
Once legal formalities have been concluded, decisoon on the representations will be made.
https://www.ahmedtimol.co.za/wp-content/uploads/2021/09/doc01238920210920140013.pdf
08 October
Office received response from son-in-law of Seth Sons that due to his ill-health, he will be unable to make deadline of 30th September 2021.
State Attorney’s Office confirmed that SC Fanus Coetzee will represent Neville Els.
Extension granted to Sons and Els to 25th October 2021 to make representation.
Once legal formalities have been concluded, decisoin on the representations will be made.
https://www.ahmedtimol.co.za/wp-content/uploads/2021/11/Letter-to-Mr-Hathorn-1.pdf
02 November
In terms of your attached letter dated 8 October 2021 Sonns and Els had until 25 October to receive requested docs from the NPA and for them to prepare their representations.
03 November
Office did not received expected representation from Sons and Els as per deadline of 25th October 2021. Given until 05th November 2021 to respond
https://www.ahmedtimol.co.za/wp-content/uploads/2021/11/doc01404220211103091440.pdf
05 January
We wish to follow up on progress concerning your prosecutorial decision in this matter, since your attached letter dated 2 November 2021.
Response Received:
Receipt of your email is acknowledged, a formal communication will follow mid-January 2022.
10 January
Acknowledged receipt of earlier correspondence dated 02 November 2021 and 05 Janaury 2022.
Written representation received from Neville Els and Seth Sons struggling to obtain legal representaation.
https://www.ahmedtimol.co.za/wp-content/uploads/2022/01/doc01489620220110114003.pdf
11 January
Thank you for your letter dated 10 January 2022.
We would simply stress the importance of this matter not being further delayed having regard to the ages of the accused (especially in the light of Rodriques’ passing) and to the fact that a prosecutorial decision has been awaited for over 4 years ie since the judgment of the inquest court in the Ahmed Timol matter.
24 January
State Attorney’s Office confirms representaion for Sons to be made on 28/01/2022
https://www.ahmedtimol.co.za/wp-content/uploads/2022/01/doc01547520220125084228.pdf
16 February
Dear Sirs
We refer to your letter dated 24 January 2022.
In your letter of 10 January 2022 you informed us that Mr Els’ had submitted his representations.
Did Mr Sons submit his representations by 28 January 2022 as undertaken by his attorney?
Whether Mr Sons did or not we submit that a prosecutorial decision must now be taken urgently.
The longer this matter proceeds without a decision the ever closer looms the prospect of a failure of justice, in particular having regard to the age of Mr Els and Mr Sons. We further point out that it has been over 4 full years since Judge Motlhe reached his decision in the re- opened inquest into the cause of death of the late Ahmed Timol.
16 February
Representation received on behalf of Seth Sons on 27 January 2022.
Consideration underway for submissions made by Neville Els and Seth Sons.
https://www.ahmedtimol.co.za/wp-content/uploads/2022/02/doc01693520220216131242.pdf
14 March
Thank you for your letter of 16 February 2022.
May we please have an update on progress
15 March
Office is in the process of considering the submissions contained in both representations
https://www.ahmedtimol.co.za/wp-content/uploads/2022/03/doc01852920220315112603.pdf
11 April
Kindly advise whether a decision is made, alternatively, when we might expect a decision.
27 May
1. Judgment issued – 12 October 2017
2. Confirmation of dockets opened against Els and Sons – 20 October 2017
3. NDPP Decision not to prosecute – 21 May 2020
4. Submission made for NDPP to review decision – 21 June 2020
NDPP, the above timeline confirms that we are now five years into this matter. I am still awaiting a prosecutorial decision on this matter. Correspondence on this matter has been sent over time, with various senior NPA officials attending to my request. Please take note that the accused are elderly, Els, 87 and Sons, 85. You are well aware that the other accused, Roderigues passed on in September 2021 without having his day in court.
27 May
Following up on sworn statement from Dr. Essop
02 Feb
Checking to see if any update on Els / Sons matter?
03 Feb
https://www.ahmedtimol.co.za/wp-content/uploads/2023/02/doc00410320230203101951.pdf
05 Feb
I hereby acknowledge receipt of your correspondence dated 03/02/2023, responding to my email dated 03/02/2023.
Six years have passed and we now have a situation where Professor Essop is not forthcoming with an affidavit. If this matter was pursued vigorously from October 2017 when the cases were opened, I am certain we would have a different outcome.
I note that your correspondence provides no update on the Mr Seth Sons matter. What is the reason for this?
Three witnesses in the Sons matter had provided affidavits almost six years ago. Another, Ms Jesse Duarte in a media article attested to Sons’s torture, has passed away.
See: https://mg.co.za/article/2017-08-17-timol-inquest-jessie-duarte-helps-apartheid-cop-remember-torture-he-couldnt-recall/
As per the NPA presentation to Parliament, families are provided with monthly updates. Is there any reason as to why I do not receive monthly updates on this matter?
A request was made to the NDPP in June 2020 to review the decision by DPP Mzinyathi not to prosecute Els and Sons. Almost 30 months later, can a decision not be made on this matter? Representations were made on behalf of Els and Sons, however, no update is provided on this matter.
I am certain that the recently appointed SC would be looking into the delays in the Els and Sons matters.
Kind regards