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Concluded Cases
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16 January 2001 Report on the status of cases which
are/were investigated
1. SAPS Messina The ICD investigated the alleged murder of Andries Ndou. The incident occurred in Messina in the Northern Province on 27 April 2000 where police took Mr Ndou to show them where a firearm that was allegedly used by Mr Ndou and his friends to kill a farmer and wound his wife on 25 April 2000, was hidden. Mr Ndou was shot three times while he was allegedly trying to escape. The ICD took charge of the investigation and after finalization thereof handed over the case docket to the Director of Public Prosecutions for a decision.
2. SAPS Barkly East The three police officers implicated in the murder of Sphiwe Zide (14) and the assault of five other teenagers will appear in the Elliot Regional Court on 21 February 2001. The incident occurred in Barkly East in the Eastern Cape on 10 April 2000 where police arrested six teenagers who allegedly committed a burglary. These boys were allegedly assaulted by the police and two of them were dragged behind a police van. One youth collapsed as a result of exhaustion and was killed. The ICD took charge of the investigation on 13 April 2000 and after finalization thereof, handed over the case docket to the Director of Public Prosecutions (DPP) with a recommendation that the three police officers be indicted for murder, assault, assault with intent to do grievous bodily harm, theft and attempting to defeat the ends of justice, respectively. The case was first heard on 07 September 2000, the second appearance was on 17 October 2000 and the third appearance was 28 November 2000 while the fourth will be at Elliot Regional Court on 21 February 2001.
3. Public Order Policing Unit, Umtata The seven suspects implicated in the murder of Nikelo Kalimashe and the assault on his two friends Xolani Mteleli and Fikile Mpaka will appear at the Mnqanduli Regional Court in the Eastern Cape on Monday, 26 March 2001. The incident occurred at a house in Genqge Village in the Eastern Cape on 31 July 1999 where Sergeant Mpindisi Ntwanambi and six civilians Mr. Xolani Mteleli, Mr. Fikile Mpaka, Mr. Thokombisi Jela, Mr. Mkhumbini Jela, Mr. Mabanda Ngceba and Mr. Lakheni Bhebheza are reported to have reacted to allegations that Mr. Kalimashe and his two friends had earlier assaulted a Mr. Rezu Jela. Mr. Kalimashe subsequently died during the assault and the suspects allegedly assaulted his two friends as well. The ICD took charge of the investigation on 04 August 1999 and after finalization thereof, handed over the case docket to the Director of Public Prosecutions (DPP) with a recommendation that suspects be charged with murder, attempted murder, assault with intent to do grievous bodily harm and defeating the ends of justice. The DPP accepted the recommendation and decided to prosecute all seven suspects for murder, attempted murder, assault with intent to do grievous bodily harm and defeating the ends of justice. The case was first heard on 25 April 2000, the second appearance was on 28 April 2000, the third was on 22 May 2000, the fourth was on 04 August 2000, the fifth was on 06 October 2000 and the sixth on 08 December 2000, while the seventh will be at Mnqanduli Regional Court on Monday, 26 March 2001.
4. Murder and Robbery Unit, Vaalrand We wish to confirm that we investigated allegations of the assault of Samuel Moela. The incident occurred in Jane Furse in the Northern Province on 16 February 1999 where police arrested Mr Moela for questioning in connection with a suspect by the name of Ben Sithole whose whereabouts they claimed he knew, but he denied any knowledge of said Sithole. He was then taken to a place called Riverside next to a dam where he was allegedly assaulted. The police then took him to the Jane Furse Police Station where they boarded a helicopter with the complainant and the police repeatedly assaulted him. It is also alleged that at some stage when the helicopter was in the air, the police threatened to push him out of the helicopter and he was allegedly suspended out of it while handcuffed. Finally he was then pushed out of a motor vehicle on the roadside in the vicinity of Nebo. The ICD took over the investigation and has finalized same. The case docket is due to be handed over to the Director of Public Prosecutions (DPP) with recommendations that all five accused police officers be charged with assault with intent to do grievous bodily harm.
5. SAPS Fraserburg We are investigating the death of Gert Baartman, a 17 year old youth. The incident occurred at Fraserburg Police Station in the Northern Cape on 15 July 2000 where a police officer arrested Baartman for trespassing and stock theft. On 16 July Baartman was discovered hanging in a police cell. The ICD took charge of the investigation on 18 July 2000. A post-mortem that was conducted on 21 July 2000 revealed that the deceased had multiple injuries but according to the doctor who conducted that post-mortem, those injuries were not the cause of death. The cause of death, according to the doctor, was found to be consistent with hanging. The MEC for Safety and Liaison in the Northern Cape, Ms Connie Seoposengwe, after visiting the Fraserburg Police Station on 03 August 2000 requested a second post-mortem which was arranged by the ICD and performed by an Independent Pathologist, Dr. Perumal, on 08 August 2000. The investigation continues.
6. Public Order Policing Unit, Ulundi The three police officers implicated in the murder of Mr Bheki Mkhize, who was a Member of Parliament, will appear in the Pietermarizburg High Court on Tuesday, 17 April 2001. The incident occurred at Mr Mkhize’s homestead at Mahlabathini in the Kwazulu-Natal Province on 30 July 2000 where police officers were conducting a search for illegal firearms on particular homesteads in that area. Mr Mkhize died after police allegedly shot him with a single shot from an R5 rifle. The ICD took charge of the investigation immediately after the killing on Sunday, 30 July 2000. Suspects appeared at Empangeni Magistrate’s Court and they are out on bail. After finalization of the investigations the ICD handed over the case docket to the Director of Public Prosecutions (DPP) with a recommendation that suspects be indicted for murder, attempted murder and defeating the ends of justice. The DPP accepted the recommendation of the ICD and the first High Court appearance was on 13 November 2000. The trial will commence on 17 April 2001 in the Pietermaritzburg High Court.
7. Public Order Policing Unit, Alexandra We completed our investigations into circumstances surrounding the death of a learner from Realogile High School in Alexandra, Abel Phetla (17). The incident occurred in Alexandra in Gauteng on 30 May 2000 when police responded to a call that learners were on the rampage to avenge the death of another learner, Andrew Radebe, who was allegedly shot and killed the previous day, 29 May 2000, by a relative of a local shop owner. Mr Phetla subsequently died after a bullet that was allegedly fired by police officers on the scene, killed him. The ICD took charge of the investigation and after finalization thereof handed over the case docket to the Director of Public Prosecutions (DPP) with a recommendation that suspects be indicted for murder and attempted murder. The DPP is still to decide.
8. SAPS Kliptown On Tuesday, 3 October 2000, Mrs. Monica Arendse of Eldorado Park in Soweto was found dead in her house. She had been stabbed to death and some of her property had been stolen. On Saturday, 7 October 2000, the Kliptown police arrested four suspects and recovered most of the property stolen from Mrs Arendse’s house. On Tuesday, 10 October 2000, one of the suspects in her murder escaped from police custody while being transferred from the Kliptown Magistrate’s Court to the police cells in Kliptown. The ICD made an impromptu visit to the Kliptown police station on Monday, 16 October 2000 to find out why the prisoners had neither been shackled nor handcuffed when being transported and also why only one police member was assigned the task of transporting the dangerous suspects. ICD interest in the case was heightened because it falls into one of its investigative priorities, escapes from police custody. The ICD and SAPS, after conducting a joint investigation, recommended that the member involved be charged departmentally.
9. SAPS Katlehong The ICD is investigating allegations of corruption, defeating the ends of justice and unlawful arrest involving four SAPS members based at Katlehong Police Station in the East Rand. The incident occurred at 83 Credi Section, Katlehong, on 20 September 2000 where four officers apprehended John Mashele for alleged possession of suspected stolen property. The police officers demanded an amount of R 500,00 for dropping charges against him, but he only had R 50,00 . They promised to collect the remaining amount on 24 September 2000. On 28 September Mr. Mashele was arrested and his television set, VCR and music system were seized by said police officers. He was taken to the Katlehong Magistrate’s Court where the public prosecutor declined to prosecute due to insufficient evidence against him. The ICD took charge of the investigation on 05 October 2000. The investigation continues.
10. SAPS Hoopstad The ICD is investigating the circumstances surrounding the death of Nimrod Fanie Mohlabakoe in police custody. The incident occurred in Hoopstad, Free State on 06 October 2000 where Mr. Mohlabakoe was arrested for allegedly stealing money. On 08 October 2000 he was found dead in a cell, hanging from a window frame with injuries to his mouth. The post-mortem revealed that the cause of death is consistent with hanging. The ICD took charge of the investigation and after finalization thereof handed over the case docket to the Director of Public Prosecutions (DPP) with a recommendation that a formal inquest be conducted.
11. Pietersburg Dog Unit The ICD is investigating allegations that police set dogs on two boys. The incident occurred in Pietersburg on 03 November 2000 where two boys who were playing next to a rubbish dump were set upon by police dogs and were badly injured as a result. One of them even had an ear eaten away. The ICD took charge of the investigation and after finalization thereof handed over the case docket to SAPS with a recommendation that members involved be charged departmentally. We await their decision.
12. SAPS Pretoria Operation Recreation Service The ICD is monitoring circumstances surrounding the death of Mr Ralph Maluleke. The incident occurred at the University of South Africa (UNISA) Main Campus in Pretoria on 07 November 2000 where Mr Maluleke, an employee at UNISA, was involved in a fight with his fellow colleagues. A police officer who was on the campus for registration purposes fatally shot Mr Maluleke after being alerted about the incident by witnesses. The SAPS is investigating this matter while the ICD is monitoring it. The investigation continues.
13. Silverton Dog Unit The ICD investigated a case in which SAPS members set upon Mr Mhari Saidi with dogs. The incident occurred in Pretoria on 21 October 1999 where Mr Saidi was arrested by the Silverton Dog Unit on suspicion of possession of drugs. It is alleged that during the arrest the suspect tried to run away but he was apprehended and searched and nothing was found on his person. The police drove with him to a secluded area where he was set upon by police dogs. The suspect sustained severe dog bite injuries. The ICD took over the investigation and after finalization thereof, handed over the case docket to the Director of Public Prosecutions (DPP) with a recommendation that the accused face charges of assault with intent to do grievous bodily harm. A decision on this matter is yet to be taken.
14. Pinetown Dog Unit The ICD is monitoring a case where three people were set upon by police dogs. The incident occurred in Pinetown, Kwazulu Natal where three people were arrested by the Pinetown Dog Unit on suspicion of housebreaking and theft. They were taken to a secluded spot in a police van where they were poked behind the thighs with a sharp object until they bled. Upon smelling blood the dogs mauled them one after the other inflicting serious wounds which needed medical attention. The SAPS is investigating this matter while the ICD is monitoring it. The investigation continues.
15. North East Rand Dog Unit We are investigating acts of racism and brutality by members of the Unit. The incident occurred between Springs and Benoni in Gauteng in January 1998 where six North East Rand Dog Unit members filmed themselves in an incident where dogs were set upon three illegal immigrants as part of a training exercise. The ICD and the SAPS have set up a joint investigation team. Suspects were arrested on 07 November 2000 and appeared in the Pretoria Magistrate’s Court on 09 November 2000 for a bail application which was postponed to 17 November 2000. They were all granted bail of R 2 000, 00 each. The investigation continues.
16. Pretoria Task Force Unit We wish to confirm that the owner of the Sandton Men’s Club, The Ranch, has furnished us with copies of video tapes which allegedly contain footage of police brutality during a raid on the club in February 2000. A meeting between an ICD delegation and the Sandton Criminal Investigation Services (Sandton Detective Branch) was held on 09 March 2000 at Sandton Police Station. After studying the docket and the video material it was then agreed to conduct a joint investigation by both the ICD and the Sandton Criminal Investigation Services. After finalization of the investigation the case docket was handed over to the Director of Public Prosecutions for a decision.
17. SAPS Carletonville We investigated circumstances surrounding the death of three awaiting trial prisoners. The incident occurred in Carletonville at Oberholzer Regional Court on 10 January 2001 where a police officer was overpowered and robbed of his service pistol by awaiting trial prisoners. The firearm was used to kill three of the five awaiting trial prisoners. The ICD took over the investigation and after finalization thereof, handed over the case docket to SAPS with a recommendation that the police officer involved be charged departmentally for negligence. It was established that no police officer was involved in the actual shooting of the three deceased. As a result the SAPS is investigating the shooting incident while the ICD is still to decide whether to monitor the case or not.
18. SAPS Lyndon We are investigating circumstances surrounding allegations of the assault of Hendric Mbangane, Medzamba Ntsimane and William Makhudu Molepo. The incident occurred at Lyndon Police Station on 27 February 1999 after the complainants were arrested for drinking liquor in public in Lyndon. They allegedly refused to have their fingerprints taken and as a result the Station Commissioner assaulted them. The investigation continues.
19. SAPS Midrand We are investigating circumstances surrounding the arrest of Ntombizandile Mdoloba. The incident occurred in Midrand on 12 December 2000 where a 15 year old girl was arrested for allegedly playing music loudly. Other charges include crimen injuria, intimidation, obstructing police from executing their work and refusal to provide information to the police. She appeared in court on 10 January 2001 and the case was provisionally withdrawn at the ICD’s request. The young girl alleges that she was mishandled by police officers. It is alleged that her mother Ms Thuleku Faku was insulted and pushed by a police officer who called them "fucken kaffers" and "bobbejane" The ICD took charge of the investigation which is currently in progress. |
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