School boy assault: Case postponed again
The investigating officer claimed the defence had to apply for evidence according to PAIA.
The case of Oupa Chembe, 52, who appeared in the Krugersdorp Magistrate’s Court today, July 20 on charges of assault and malicious damage to property was postponed once again.
Also read: School learner assault case: Defence claims they never received crucial evidence
As at Chembe’s previous appearance on July 5, when his defence claimed they never received crucial evidence, the evidence in question was once again the reason for the postponement today. This time, with all parties waiting in anticipation, the investigating officer (IO) arrived saying the defence had to apply for the evidence as per the Promotion of Access to Information Act 2 of 2000; something which Andrew Leask, Chief Investigator at AfriForum’s Private Prosecution Unit, hotly disputed. Leask said the defence had the right to disclosure of evidence and did not have to apply for it as the IO indicated. The Private Prosecution Unit is acting in accordance with a watching brief on behalf of Zander Oosthuizen, the complainant in the matter, who was a school learner on the date of the incident.
In August 2021 Chembe allegedly kicked a dent in Oosthuizen’s vehicle and assaulted him. Oosthuizen and two of his friends were in their school uniform when the alleged unsolicited attack took place in the parking area of the Key West Mall. The crucial evidence that is at the heart of the case is CCTV footage of the incident. AfriForum became involved in the case due to suspicion that there were irregularities with the Krugersdorp police’s handling of the matter.
Also read: Case of man who assaulted school boys in court on July 5
August 27 has been set as the new date for the evidence to be handed over.
Magistrate Jacob Msweli is presiding over the matter with Advocate Jannah Downes prosecuting for the state.
