Raseale Petition

Meeting report

The Chairperson remarked that the Committee would be dealing with the Raseale Petition Report and consider the outstanding minutes. However, challenges with the email distribution of the minutes were brought to her attention. Members agreed with her proposal to defer the adoption of the minutes to another date given that not all Members had received the documents. She requested the Committee Secretary to present the Report on the Raseale Petition for the Member’s consideration.

Raseale Petition Report

The Committee Secretary, Mr Gurshwyn Dixon highlighted the following key issues contained in the Raseale Petition Report.

On 19 October 2023, the Chairperson of the National Council of Provinces (NCOP) referred a petition received from Ms Mary Raseale about the disappearance of the mortal remains of her son, Mr Gontse Raseale, to the Select Committee on Security and Justice. According to the South African Police Service (SAPS) his body was discovered in September 2021. The cause of the death was reportedly as a result of suicide. The SAPS traced his family through his fingerprints and informed them that the protocol required further DNA samples for testing to confirm that it matched.

In terms of NCOP Rule 213, the Chairperson must publish the petition on the Announcements, Tabling and Committee Report (ATC) and refer it to the Select Committee on Petitions and Executive Undertakings for consideration and report. The NCOP informed the Select Committee on Security and Justice that the petition was not referred in terms of Rule 213 but instead referred to the Select Committee on Security and Justice in terms of section 69(d) of the Constitution read with NCOP rule 121(b) which deals with the general powers of committees to receive petitions from the public in the course of performing its functions.

Ms Mary Raseale was invited and afforded the opportunity to address the Committee on 28 November 2023. She was informed that the SAPS and the Department of Health Forensic Pathologists decided on 13 November 2023 to exhume the body. On 14 November 2023, the Rustenburg Magistrate Court advised that the Department of Health (DoH) should apply for a reburial. Members of the SAPS and Health Forensic Pathology have been working together to ensure the process is expedited.

The Committee expressed its dissatisfaction with the lengthy process and the lack of communication from the SAPS and the DoH and made the following recommendations:

The SAPS to finalise the exhumation and DNA evidence within seven days;

The DoH to cover the exhumation and reburial costs of the family of the deceased;

The Committee to be provided with a report on the conclusion of the matter within 14 days; and

The SAPS and DoH must review their policies and procedures on DNA processing and returning mortal remains to families.

The report was duly adopted without amendments and with no objections or abstentions.

Read: ATC231206: Report of the Select Committee on Security and Justice on the Petition for the National Council of Provinces (NCOP) to intervene on behalf of the Raseale Family on a matter of the disappearance of the mortal remains of the son of Ms Mary Raseale since September 2021 and presumed dead according to the information from the South African Police Service (SAPS), dated 6 December 2023

The Chairperson was hoping to fast-track the process of adopting the minutes once all Members have received the documents. She drew attention to the introduction of the Electoral Amendment Bill that the Committee was expecting. The Committee received legal advice that it would be able to process the Bill jointly with the Department of Home Affairs given the importance and urgency of the Bill. Members would be informed of the joint briefing after the Bill was introduced to Parliament.

The meeting was adjourned.