In the complaint, Mr Mogakane alleged that he was unlawfully dispossessed of his family land by Mr Moreko, with the acquiescence of the Mnisi Traditional Council, led by Hosi Theo Mnisi (“Hosi Mnisi”).

Following unsuccessful attempts to obtain responses from Mr Moreko and the Mnisi Traditional Council to the allegations made by the late Mr Mogakane, subpoena proceedings were duly instituted against Mr Moreko and Hosi Mnisi. Notices of these proceedings were duly served on Mr Moreko and Hosi Mnisi on 22 and 23 October 2019 respectively.

In addition to the service of the notices, both Mr Moreko and Hosi Mnisi were telephonically contacted by the Commission, with the view to establishing their attendance at the subpoena proceedings of 14 November 2019. Despite the efforts made to secure their attendance at the subpoena proceedings, both Mr Moreko and Hosi Mnisi absented themselves from the subpoena proceedings on 14 November 2019.

Sections 22(a), (d) and (h) of the SAHRC Act provides that any person who without just cause, refuses or fails to comply with a notice under section 15(1)(c) of the SAHRC Act, or in connection with any investigation does anything which, if such investigation were proceeding in a court of law, would have constituted contempt of court or fails to afford the Commission the necessary assistance referred to in section 4(2) or 13(4) of the SAHRC Act, shall be guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding six months.

Having considered the submissions made regarding the failure and/or neglect of Mr Moreko and Hosi Mnisi to comply with the subpoena notices issued to them, the Chairperson of the subpoena proceedings found that the failure and/or neglect of Mr Moreko and Hosi Mnisi to comply with the subpoena notices is without just cause and constitutes a contempt of the Commission’s proceedings, as well as a failure to afford the necessary assistance to the Commission as contemplated in sections 22(a), (d) and (h) of the SAHRC Act.

In view therefore, the Chairperson of the subpoena proceedings directed that criminal proceedings be instituted against Mr Moreko and Hosi Mnisi by Provincial Head of the Commission in Mpumalanga, as their failure to comply with the subpoena notices make them guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding six months.

Ends
For further information or enquiries, please contact: SAHRC Mpumalanga Provincial Manager, Mr. E Mokonyama (This email address is being protected from spambots. You need JavaScript enabled to view it.; 013 – 752 5890/078 670 4360).