NPA Accused of Bias in Mpumalanga Grave Relocation Case

The National Prosecuting Authority (NPA) is under scrutiny after a Mpumalanga family accused it of siding with Mafube Coal Mine in a dispute over the relocation of relatives’ graves without consent.

Background of the Dispute

Nurse Masombuka, a spokesperson for the Nooitgedacht, Middelburg families, stated that charges of grave violations and malicious property damage were laid against Mafube Coal Mine after the company allegedly exhumed their relatives’ remains and reburied them in mass graves labeled as “unknown.”

Masombuka claimed the case was opened in December 2022, but the prosecutor decided not to pursue it on November 5, 2023.

Family’s Allegations

Masombuka criticized the NPA’s handling of the case, stating that the decision to decline prosecution was made hastily without proper consultation with the investigating officer.

“The prosecutor made an error by concluding there were no prospects of a successful prosecution,” said Masombuka.

She further alleged that:

• There was no consent from the families for the exhumation.
• No court order was obtained to authorize the relocation of the graves.

Prosecutor’s Decision Explained

The NPA, in a letter to the family’s lawyer, acknowledged the relocation of the graves but cited insufficient evidence to secure a conviction.

Key points from the NPA letter include:

• While the relocation was not disputed, the complainant could not confirm who physically moved the graves.
• The company, Digby Wells, had informed some family members about the intention to relocate the graves but claimed all necessary permits were obtained.
• The prosecutor deemed that the grave digger followed legal procedures, making it challenging to prove unlawfulness.

NPA Review Process

NPA provincial spokesperson Monica Nyuswa explained that the decision was under formal review, with multiple levels of oversight:

1. Review by the Control Public Prosecutor.
2. Review by the Senior Public Prosecutor.
3. Final review by the Director of Public Prosecutions and the NPA’s head office.

Nyuswa declined to comment further, citing the ongoing review process.

Family’s Concerns

The family remains adamant that justice has not been served, calling for greater transparency and accountability in the review process. They argue that the relocation of graves without consent constitutes a violation of their cultural and emotional ties to their ancestors.

This case underscores the complexities of balancing legal, cultural, and corporate interests in disputes over land and heritage.