Why is skipper’s case not being treated as a murder case, asks AfriForum’s Private Prosecution Unit
AfriForum’s Private Prosecution Unit wants answers from the National Prosecuting Authority (NPA) for treating what is almost certainly a murder case as a missing persons matter. The case concerns KwaZulu-Natal skipper John ‘Matambu’ Dercksen, who went missing on 16 March this year. While the suspect, Ferdie Visser – the last person seen with Dercksen – was arrested, the NPA has dropped charges, citing an “international procedural irregularity” in his deportation from Mozambique.
The unit represents Dercksen’s sister, Cherie Eilertsen, who has conducted her own thorough investigation into the circumstances surrounding her brother’s disappearance but has not received support and co-operation from the South African Police Service (SAPS) or the NPA. She has briefed the unit to get answers from the NPA and to ensure that the case is properly investigated and Visser is charged and prosecuted on a charge of murder and fraud.
On 16 March, Visser chartered a boat and set off from Sodwana with Dercksen piloting it. A day later, the vessel’s burnt wreck was discovered on a beach in Mozambique. Visser was soon arrested in Maputo before being transported to South Africa and appearing in the Manguzi Magistrates Court on 2 April. He was charged with fraud in connection with a case opened by Regardt Scott, the charter company owner. But the NPA withdrew the case on 21 May, claiming that Visser was not brought before court in compliance with the Extradition Act. However, he remains in custody due to a parole violation.
In a letter to the NPA, Adv. Gerrie Nel, head of AfriForum’s Private Prosecution Unit, says since the withdrawal of the case against Visser and despite assurances from the NPA that the matter was still receiving attention, neither Eilertsen nor Scott have been approached for information or statements that could help the case. “The inference is apt that with hollow commitments to conduct further investigations were made merely appease our clients. We are astounded that the NPA treats the investigation of what is unquestionably a murder as separate from the fraud allegations. Surely, the accused should be prosecuted in one trial for fraud and murder. We submit the separation of issues is peculiar,” states the letter.
“The matter has now been under investigation for more than six months and a request for an update and report on the prosecution and re-enrolment of the suspect cannot be unreasonable. The approach to investigating a possible rendition appears to have moved the focus away from ensuring that justice is done for the victims of the crimes,” says Nel in the letter.
