With days to go before the five-year anniversary of the Rheinmetall Denel Munition (RDM) explosion that killed eight employees on September 3 is marked, the families have been shocked by the Director of Public Prosecution’s (DPP) decision not to criminally prosecute.
The decision comes despite the recommendations made by the Department of Labour following a Section 32 inquiry, that found grounds to criminally prosecute.
The DPP’s decision, sent to all parties (in a letter) dated August 22, read: “After a consideration of your representations, representations received from Messrs Webber Wentzel on behalf of the employer and the available evidence contained in the docket, I have decided not to institute any prosecution in the matter.”
Probed about the factors that influenced the decision not to prosecute, National Prosecuting Authority spokesperson, Eric Ntabazalila, said: “Given all the available evidence there was no reasonable prospect of a successful prosecution.”
Foreman Nico Samuels, 41, team leader Stevon Isaacs, 51, operators Mxolisi Sigadla, 40, Bradley Tandy, 19, Jamie Haydricks, 24, Jason Hartzenberg, 22, Triston David, 22, and Thandolwethu Mankayi, 27, were killed in the explosion.
Samuels’s widow, Tracy Samuels, said she was shocked by the DPP’s decision.
“This has really come as a shock to all of us. It’s something that needs to be processed as it came as a huge shock to me. I need to get my head together and we have plans as families to come together and talk about it all,” said Samuels.
Ward councillor, Rhoda Bazier, said it was an emotional time for all parties and the pronouncement by the DPP “opened wounds”.
“It is always an emotional topic when it comes up and especially now with the fifth anniversary ahead.
“Since we received the news, it has been a very disturbing and emotional time for parents.
“The father of one of the victims, Malcolm David – father of Triston – said it was like a knife through his heart when they received the news. Another mother said she had no sleep after getting the news.
“With the memorial coming up as well, the families are planning to come together on Saturday to map a way forward.
“It is a very unfortunate decision that the DPP made and obviously not the desired outcome for the affected families.
“We are unsure what will happen but there might be a discussion around doing a claim for lives lost even though families have said the money won’t bring back their family members.
“Families of the deceased said it felt like they had failed their loved ones again. It’s like fresh wounds were opened and there is still no closure,” said Bazier.
Advocate Winston Erasmus said an option for private prosecution was being considered. The labour department was unable to respond by deadline on Wednesday and communicated that it would comment in due course.
“The families are disappointed with the State. The State never investigated this matter and we are considering our options, private prosecution is one of them.
“The State owns 49% in RDM so they were not interested in investigating the matter.
“They allowed RDM to investigate itself through an internal bias investigation,” said Erasmus.
Cosatu Western Cape secretary, Malvern de Bruyn, said they noted the decision by the DPP and would meet on Wednesday evening.
RDM said it had cooperated fully with all the authorities and their processes throughout.
“Rheinmetall Denel Munition has received a media inquiry regarding the recent recommendation by the Director Public Prosecutor Office, stating that it will not pursue criminal prosecution in this matter.
We welcome news that the Office of the Public Prosecutor has made a ruling. It has been more than four years since the incident occurred, and our priority has always been to help families deal with the loss since 2018.
It has been a long and painful process for the families, and as we have done throughout the process, we will continue to provide counselling and support as required.”
Cape Times