The public prosecutor declined to prosecute an abortion case
Niki Moore
A dispute between police and the public prosecutor’s office arose this week over the prosecution of a young girl who aborted her own baby and buried the foetus in a forest next to a taxi rank in the Zululand town of Mtubatuba.
Mtubatuba police tried to force a prosecution but the director of public prosecutions (DPP) has stood firm that he will not prosecute the girl under any circumstances.
Now the police have requested clarity on how to conduct matters of this nature.
The dispute began last week when members of the public complained to the Mtubatuba police that a 19-year-old girl had aborted her baby and buried the body near the local taxi rank. The body was exhumed for a post-mortem and the girl was charged with abortion.
However, the local prosecutor, Karin Stander, refused to prosecute, saying that abortion was no longer illegal. Under pressure from the community the police reframed the charges but the DPP has declared that he will not prosecute the girl under any circumstances. This has left the police with a bit of a dilemma.
”We have asked for the docket to be returned to us,” said Umfolozi area commissioner Oupa Maseko this week. ”We have directed a memorandum to the DPP’s office, asking for guidelines if a case like this should happen again.
After all, we were reacting to a complaint by the public; the girl did the whole thing surreptitiously which could have caused problems if the remains were to be revealed at some time in the future; and we took action.
”It appears we took the wrong action, but we still can’t help thinking that the whole thing was uncontrolled and we need guidance in how to deal with a situation like this in future. This will probably not be the last time that something like this will happen.”