The Department of Justice and Constitutional Development is ”working around the clock” to re-arrest 13 accused who were freed when a Kimberley magistrate refused to work after 4pm, the department said on Wednesday.
”At the moment our priority is to get the 13 re-arrested or to summons them back to court,” said Rodney Isaacs, a chief director in the department.
”The prosecution is working to get the case back on the roll. The police and the Department of Justice are working around the clock on this case.”
On Monday, Kimberley Magistrate K Padayachee struck 13 cases off the court roll and allowed the accused in custody to go free.
Padayachee ruled that the 13 be freed when they had not appeared before her in court B by 4pm. Court B is a transit court for first appearances.
An alleged rapist, sought since 2000, was apparently one of those who walked free.
The others included a man accused of raping a 16-year-old girl, alleged stock thieves, an alleged robber and men accused of breaking into houses and cars.
Isaacs said Padayachee was still at work and no action had yet been taken against her.
”A report will be compiled and this will be sent to the director of public prosecutions, the commissioner of police, the magistrates’ commission and to the director general of the justice department,” Isaacs said.
”They will then decide whether she had a right to do what she did. I can’t comment on what she did.”
Meanwhile, the Democratic Alliance and the Inkatha Freedom Party (IFP) called on the magistrates’ commission to investigate the incident.
”The IFP calls for urgent action by the magistrates’ commission, not only to investigate this magistrate’s action, but also to ensure that clear rules are applied in respect of overtime sessions of court,” the party’s justice spokesperson Koos van der Merwe said.
He also called on Minister of Justice and Constitutional Development Brigitte Mabandla to ensure that all 13 accused were immediately re-arrested and brought to trial.
The DA’s spokesperson on justice, Sheila Camerer, said Padayachee should be charged with gross misconduct if the allegations against her were true. — Sapa