Cape Town - A fraud case that the National Prosecuting Authority allegedly declined to prosecute in 2021 has come to haunt a Macassar security guard two years later.
Jakobus Franso, 47, is accusing the Durbanville police of neglect which led to financial loss after he missed out on job opportunities due to a pending case against him. He is now threatening to sue the police.
Franso said he was arrested on January 2021 after a Brackenfell security company falsely accused him of fraud. He was incarcerated at Durbanville police cells for three days and charged.
He was taken to Bellville Magistrate’s Court where he said he didn’t appear before the magistrate, as his name was not on the court roll, and he was released. The docket was stamped “Nolle Prosequi”, he said.
Franso said after the incident he worked for two security companies but was taken aback when he applied for a job in another company this year after he was retrenched. When the company ran crime checks he was told there was a pending case against him.
“Initially the Durbanville police station declined to assist me and instead referred me to court, which confirmed that there was no case against me as the case was withdrawn because the NPA declined to prosecute,” he said.
Franso insisted that he never committed any fraud and that his former employer had opened a false case against him.
“The police were supposed to have closed the docket in 2021. They failed me and because of this I lost job opportunities and was instead told to apply for a clearance which is not free.
“I am now sitting at home dependent on my wife for survival until my name is cleared. I now have to wait for police clearance while my life has been put on hold as I can’t apply for jobs.
“There’s a lot of people out there who are made to go through this process for something that isn’t their fault but a failure by the system,” he said.
Police spokesperson Malcolm Pojie said police were not at liberty to divulge the detail of the matter as it was already before the court.
Pojie said it remains the prerogative of the complainant to lodge a civil matter.
The police further referred the enquiry to the NPA. The NPA could not respond to questions on the reasons to decline prosecution by deadline.