The only surviving suspect in the Vlakfontein family murder, Fita Khupe is now a free man. The state has withdrawn seven charges of murder against him.
Seven members of the Khoza family were found buried in their house in Vlakfontein in October 2018.
National Prosecuting Authority (NPA) Gauteng spokesperson Phindi Mjonondwane says the state has an obligation to prove its case beyond a reasonable doubt and in this case, it couldn't.
She says the NPA relies on witnesses to build its case and the death of co-accused Ernest Mabaso has made the case a bit challenging.
He made a confession before he died and that is the only thing that the NPA led with.— Phindi Mjonondwane, Gauteng spokesperson - National Prosecuting Authority
The law prohibits us from using such a confession. The law clearly states that if you put any evidence before court, it should be evidence that can be tested.— Phindi Mjonondwane, Gauteng spokesperson - National Prosecuting Authority
The question is, now that Mabaso is no longer alive can such evidence stand in the court of law? And the answer is an obvious no.— Phindi Mjonondwane, Gauteng spokesperson - National Prosecuting Authority
To hear the rest of the conversation, listen below: