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- An explosion rocked the Rheinmetall Denel Munition factory in Somerset West in 2018.
- The NPA said there was no reasonable prospect of a successful prosecution.
- Families of the deceased are disappointed, and are considering the private prosecution route.
Families of the eight people killed in a blast at the Rheinmetall Denel Munition (RDM) factory in Somerset West in 2018 were left angry and disappointed after a decision by the Director for Public Prosecutions (DPP) in the Western Cape not to criminally prosecute anyone for the explosion.
Nico Samuels, 41, Stevon Isaacs, 51, Mxolisi Sigadla, 40, Bradley Tandy, 19, Jamie Haydricks, 24, Jason Hartzenberg, 22, Triston David, 22, and Thandolwethu Mankayi, 27, were killed in the explosion.
RDM specialises in developing, designing and manufacturing large- and medium-calibre ammunition.
Advocate Winston Erasmus, who represents the families of the victims, said they were disappointed.
"The State never investigated this matter, and we are considering our options; private prosecution is one of them," he said.
The families are especially saddened as the fifth-year anniversary of the blast approaches on 3 September, said Rhoda-Ann Bazier, the acting chairperson of Macassar's community policing forum.
"They feel as if they have disappointed their deceased loved-ones," she said.
READ | Denel explosion: Western Cape NPA head declines to prosecute anyone for deadly 2018 blast
The National Prosecuting Authority (NPA) said there was no prospect of a successful prosecution.
"Given all the available evidence, there was no reasonable prospect of a successful prosecution," said NPA spokesperson Eric Ntabazalila.
The Western Cape's Director of Public Prosecutions, advocate Nicolette Bell, wrote to the legal representative of the families to give notice of her decision.
The letter reads:
RDM said it cooperated fully with all the authorities and their processes, but acknowledged that it had been a long and painful process for the families.
"It has been more than four years since the incident occurred, and our priority has always been to help families deal with the loss since 2018," it said in a statement.
"We have done this throughout the process; we will continue to provide counselling and support as required."
ALSO READ | Denel explosion: No consequences yet, 3 months after report recommends criminal prosecution
In May 2021, the Department of Employment and Labour launched an investigation into the blast, which found several occupational health and safety contraventions.
The Section 32 inquiry heard about structural shortcomings, defective designs and that the necessary risk assessment was not carried out for key plant fittings.
The chairperson of the inquiry, Mphumzi Dyulete, recommended criminal prosecution, saying: "The incident was caused by an act of omission of criminal nature on the part of Rheinmetall Denel Munition (Pty) Ltd, as represented by Norbert Schultze, the chief executive officer at the time of the incident."
