Action Society accused the SAPS of snubbing its requests regarding the investigation into Mia Botha's murder.
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Civil rights organisation Action Society accused the police of snubbing its requests regarding the investigation of Mia Botha’s murder despite the request for the Public Protector to probe the mishandling of the case.
The organisation said police continue to give them and the parents of the four-year-old silent treatment while disclosing sensitive information to the media.
The organisation said this amounts to gross misconduct and negligence.
Mia went missing on September 25, 2022, from a playground in Paarl East, close to her home.
Her body was discovered the following day on a nearby school field with a plastic bag over her head and her mouth stuffed with plastic.
“We have been doing everything in our power to highlight this case and get the investigation going again, but all our complaints have fallen on deaf ears. The Action Society team believes that this gross misconduct and negligence by the police is a violation of Mia’s family’s right to receive justice for her brutal murder,” said Action Society’s Kaylynn Palm.
She said Mia’s family is the one suffering the most. Palm said the family has been desperate for answers since her murder.
“They are heartbroken, and the police have failed to provide them with the minimum feedback. We had to be the ones to deliver the news that the investigation had been moved to the cold case unit, after reading about it in a newspaper article,” she said.
Western Cape SAPS provincial commander, Lieutenant-Colonel Malcolm Pojie, on Monday, said the query would be addressed during normal office hours when the relevant officials are available to respond. But they did not respond at the time of publication.
In February, Action Society sent an urgent letter to the Public Protector, calling for an immediate inquiry into the SAPS’s repeated failures in Mia’s investigation.
The organisation requested that the office investigate the SAPS’s handling of the case and determine the reasons for the delays in processing forensic evidence and why they have not acted on existing DNA matches.
Action Society also asked for accountability from the police regarding their lack of communication and transparency with Mia’s family.
The organisation also recommended corrective measures to ensure that SAPS fulfills its constitutional and statutory duties, adding that the SAPS's failure to investigate Mia’s murder properly was in direct violation of their duty to:
- Preventing, combating, and investigating crime;
- Maintaining public order;
- Upholding and enforcing the law; and
- Protecting and securing the inhabitants of the Republic.
The organisation added that the failure to act on DNA evidence provided almost two years ago demonstrates gross negligence and dereliction of duty, further undermining public confidence in the criminal justice system.
“The murder of four-year-old Mia Botha is a grave injustice, and SAPS’s failure to act decisively has re-victimised the Botha family and eroded public trust in law enforcement. We submit that the SAPS’s inaction is not just negligence but a transgression of constitutional obligations, making this matter one of national importance,” said operational manager Juanita du Preez in the submission.
Public Protector’s spokesperson, Khulu Phasiwe, said the investigation is ongoing and that the family of the deceased was visited by the investigation team last week.
“Formal feedback will be given directly to the complainant by the investigator in due course,” Phasiwe said.
Meanwhile, Du Preez said Action Society is planning to report the matter to the Independent Police Investigative Directorate (IPID) as one of their next steps.
manyane.manyane@inl.co.za