The Eastern Cape High Court in Gqeberha has made a significant ruling, finding the Minister of Police and National Director of Public Prosecutions liable for damages to the family of Clint Ovrenovitz, a man murdered by a suspect out on bail. Ovrenovitz, a 42-year-old plumber, was killed while fishing at the Swartkops River in Gqeberha in December 2014 by two men, one of whom was out on bail for murder.
The court heard that Siphumelele Phethelo, the killer, was considered a "most wanted" criminal by police and had breached his bail conditions. Despite this, the police and prosecutors failed to properly investigate his criminal record and bail status. Phethelo was eventually convicted of murder and other charges and sentenced to life imprisonment. The court found that the authorities had a legal duty to ensure Phethelo was dealt with in terms of the law after he was arrested for breach of his bail conditions.
The case against the Minister of Police and National Director of Public Prosecutions was launched by Ovrenovitz's widow, Claire, and their two children in 2016. They claimed that the authorities' negligence led to Ovrenovitz's murder. During the trial, the state defendants denied any liability, but the court found that they had failed to properly investigate Phethelo's background. The court also found that the prosecutor had a statutory duty to charge Phethelo criminally for failing to appear in court while he was on bail.
The court heard that Phethelo had been arrested in June 2013 for the murder of a Mr. Henry and was released on bail later that month. While on bail, he was again arrested for assault with intent to do grievous bodily harm. He failed to appear in court for the Henry murder and his bail was cancelled, but he was not arrested until later. The court found that the investigating officer and prosecutors had a legal duty to properly investigate Phethelo's situation, especially given his violent history.
Judge Bantubonke Tokota, who heard the case, said that the authorities had failed to do their jobs properly, and that Ovrenovitz would be alive if they had. The judge also found that the SAP69, which is the criminal record system, had been updated on 24 January 2014, and therefore Phethelo's criminal record was available before he was released on bail. The amount of compensation owed to Ovrenovitz's family will be determined through negotiation or a separate trial.
The ruling has significant implications for the South African police and prosecution services. It highlights the need for proper investigation and follow-up on suspects, particularly those with a history of violence. The case also raises questions about the use of bail and the monitoring of suspects while they are out on bail. The Minister of Police and National Director of Public Prosecutions have been found liable for damages, but the amount of compensation will need to be determined.
The Ovrenovitz family's lawyer said that they were pleased with the court's decision, which they hope will bring some closure to their loss. The family's case has highlighted the need for accountability within the police and prosecution services. The ruling is a significant step towards ensuring that those responsible for failures are held accountable.
Key points
- The Eastern Cape High Court has ruled that the Minister of Police and National Director of Public Prosecutions are liable for damages to the family of Clint Ovrenovitz, a man murdered by a suspect out on bail.
- The court found that the authorities failed to properly investigate Siphumelele Phethelo's criminal record and bail status, despite him being considered a "most wanted" criminal.
- The amount of compensation owed to Ovrenovitz's family will be determined through negotiation or a separate trial.
