Harry Giddey case: Who will stand in court?

MOSSEL BAY NEWS - Following the Garden Route SPCA's statement regarding its intention to lay criminal charges against the Mossel Bay Municipality, Mossel Bay Advertiser asked Christhénus van der Vijver, retired senior state advocate, who would possibly be standing in court on behalf of the municipality.

Van der Vijver, who has prosecuted thousands of matters for the State since his career began in 1986, said should the municipality appear in court, it would have to be represented by a senior official.

He said the municipality's internal structures may determine who will represent the municipality in such a representative capacity, and this may even be the municipal manager.

He explained that in cases in which a company or in this instance a local authority is prosecuted, a director or municipal official may be prosecuted in his or her personal capacity and at the same time be the representative of the company or local authority.

Van der Vijver said in the SPCA matter, one may find the people responsible for the day-to-day care of the animals in Harry Giddey Park are prosecuted in their personal capacity together with the person who represents the municipality in a representative capacity.

"Depending on the facts of the matter, the latter may also be prosecuted in his or her personal capacity if the evidence shows that this person also had a duty to oversee the activities at Harry Giddey Park and failed in that regard," he said.

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