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Report on outcomes or progress of some of ICD cases

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Investigations against police officers
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14 SEPTEMBER 2000

Report on the status of cases which are being/were investigated or monitored by the ICD. They are listed according to their respective police stations.

1. SAPS Ganyesa

On 24 February 2000, Sgt. Neo Christopher Athibeng was sentenced to life imprisonment after being found guilty of the murder of Julias Modise in the Mmabatho High Court in a trial before Mr Justice Nkabinde.

The incident occurred at the Motimalenyora High Tavern in Ganyesa in the North West Province on 3 February 1999, where the two started a quarrel which ended with Sgt. Athibeng fatally shooting Modise twice with his service firearm.

The ICD took charge of the investigation and after finalization thereof, handed over the case docket to the Director of Public Prosecutions (DPP) on 16 July 1999 with the recommendation that the accused be indicted for murder.

The DPP accepted this recommendation.

2. SAPS Brixton

Inspector Johannes Abrie Rautenbach and Sgt. Daniel Christopher Liebenberg, members of the Brixton Flying Squad, assaulted two male suspects who had hi-jacked a BMW vehicle at the corner of Rissik and Wolmarans Streets in Johannesburg on 24 January 1999. Members of the Flying Squad gave chase until the BMW crashed into a tree in Diepkloof, Soweto, Johannesburg.

The ICD took over the investigation and after finalization thereof, handed over the case docket to the Director of Public Prosecutions (DPP) in September 1999 with a recommendation that the accused face charges of assault with intent to do grievous bodily harm.

The DPP accepted the recommendation of the ICD and the case was heard in the Johannesburg Magistrates Court as from October 1999.

Inspector Rautenbach, who was found guilty on two counts of common assault, was fined R 2 000 on each count or 6 months’ imprisonment with a further six months suspended for five years on condition that he is not found guilty of a similar offence during that period.

Sergeant Liebenberg, who was convicted of one count of assault with intent to do grievous bodily harm, was sentenced to a fine of R6 000 or 12 months’ imprisonment with a further 18 months also suspended for five years.

3. Pretoria Dog Unit

Two police officers implicated in the murder of Barend Jacobus Booysen appeared in the Pretoria High Court on 04 September 2000.

The incident occurred at 44 Jacqueline Drive in Garsfontein, Pretoria, in December 1999, where Sgt. M.P. Oosthuizen and Sgt. J.J. Booysen responded to an alleged house breaking in progress which resulted in the shooting of Mr Booysen by the police officers. It had been Mr Booysen who called the police to the scene.

The ICD took charge of the investigation on 22 December 1999 and after finalization thereof, handed over the case docket to the Director of Public Prosecutions (DPP) on 18 June 1999 with the recommendation that the accused be indicted for murder or culpable homicide.

The DPP accepted the recommendation of the ICD and decided to prosecute both officers for murder and the case was first heard on 24 November 1999, while the second appearance was on 13 December 1999. On 04 September 2000 one police officer was acquitted while the other was convicted of culpable homicide. The case was postponed to 28 September 2000 for sentencing.

4. SAPS Gugulethu

All nine police officers implicated in the assault of Thabo Mabaso appeared in the Mitchell’s Plain Magistrate’s Court on 1-4, 17-18, 25, 30 and 31 August 2000.

The incident occurred at the Gugulethu Police Station in the Western Cape on 27 June 1998, where the complainant was assaulted by SAPS members at the Gugulethu charge office while reporting a collision. The alleged assault resulted in the complainant losing sight in his left eye.

The ICD took over the investigation of the case and after finalization thereof, handed over the case docket to the Director of Public Prosecutions with a recommendation that the officers involved face charges of assault with intent to do grievous bodily harm and defeating the ends of justice.

The DPP accepted the recommendation of the ICD and decided to prosecute nine police members. The case was first heard in the Mitchell’s Plain Magistrate’s Court on Friday 07 July 2000 and the second appearance was on 27 July 2000. On 30 August 2000 three police officers were found guilty of assault with intent to do grievous bodily harm while the other six were acquitted.

On 31 August 2000 Sergeant M A Duda and Sergeant L Mlondleni were both sentenced to five years’ imprisonment with two years suspended for five years while Sergeant T Ginyigazi was sentenced to three years’ imprisonment with 18 months suspended for five years.

5 SAPS Galeshewe

On 27 January 2000 Const. John Johnson was sentenced to 10 years’ imprisonment after being found guilty of the murder of Finidawo Dodi Ndlela, in the Kimberley High Court in a case before acting Judge G. Boshielo.

The incident occurred at a shebeen in Galeshewe in the Northern Cape on 24 June 1999, where Const. Johnson allegedly accused Funidawo Ndlela of being in possession of stolen property. Const. Johnson fatally wounded Mr Ndlela with his service firearm.

The ICD took charge of the investigation on 24 June 1999 and after finalization thereof, handed over the case docket to the office of the Director of Public Prosecutions (DPP) with the recommendation that the accused be indicted for murder.

The DPP accepted the recommendation of the ICD and the case was heard in the Kimberley High Court on 24 – 27 January 2000.

6. Pretoria Task Force Unit

We wish to confirm that the owner of the Sandton men’s club, The Ranch, has given the ICD’s Gauteng office copies of video tapes which allegedly contains footage of police brutality during a raid on the club in February this year.

A meeting between an ICD delegation and the Sandton Criminal Investigation Services (Sandton Detective Branch) was held on 09 March 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. The investigation is pending.

7. SAPS Hout Bay

The two police officers implicated in the murder of Dumisani Edmund Zwane will appear in the Cape Town High Court on 03 March 2001.

The incident occurred at Victoria Road, Oudekraal, Camps Bay on 11 May 1999 where Inspector Andre Manuel Ferreira, Sergeant Christopher Willie Wesso and Inspector Stephen George Garse Vermeulen gave chase of a cream BMW that had allegedly been used in an armed robbery on a Coin Security van at Mill Street Post Office in Cape Town. This resulted in the shooting of Mr Zwane.

The ICD took charge of the investigation on 11 May 1999 and after finalization thereof, handed over the case docket to the Director of Public Prosecutions (DPP) on 23 July 1999 with the recommendation that Insp. Ferreira be indicted for murder and the other two officers on charges of defeating the ends of justice.

The DPP accepted the recommendation of the ICD. The case was first heard on 14 August 2000 and the second appearance was on 17 August 2000 while the third appearance will be at Cape Town High Court on 03 March 2001. Insp. Ferreira was found dead in his garage on Sunday 3 September 2000 and it is suspected he committed suicide.

8. SAPS Bronkhorstspruit

We wish to confirm that we are investigating the alleged murder of Johannes Mahlangu.

The incident occurred on the N4 Highway, towards Bronkhorstspruit on 01 March 1999 where two police officers gave chase of a suspected stolen vehicle at Faerie Glen, Pretoria, which resulted in the fatal shooting of Mr. Mahlangu.

On the other hand the ICD opened a case of defeating the ends of justice on 12 March 1999 at the Bronkhorstspruit Police Station against a Police Captain who allegedly attempted to cover up the fatal shooting by destroying cartridges on the crime scene. The case was investigated by the SAPS Bronkhorstspruit and after finalization thereof, the docket was handed over to the Director of Public Prosecutions for a decision. The ICD is monitoring the case.

9. SAPS Burgersfort

The six suspects implicated in the murder of Benjamin Mabelane and the assault on Lucky Phasha will appear at the Lydenburg Magistrate’s Court, Mpumalanga on 21-22 September 2000.

The incident occurred at Steelpoort Diesel Garage, Burgersfort in Mpumalanga on 02 July 1999 where Insp. Willem Joubert and five civilians, Mr. Hendrik Viljoen, Mr. Louis Zeeman, Mr. Petrus Viljoen and Mr. Theodore James reacted to a complaint that Mr. Mabelane was implicated in the loss of an amount of R200, 00 belonging to a Mr. Stephen Hlongwe. Mr Mabelane was allegedly handcuffed to the steel door in the workshop, tortured with a welding machine on his private parts until he subsequently died and one Mr Lucky Phasha was allegedly tortured and assaulted by the suspects.

The ICD took charge of the investigation on 14 July 1999 and after finalization thereof, handed over the case docket to the Director of Public Prosecutions (DPP) with a recommendation that three of the suspects be charged with murder and attempted murder. The other two suspects and the complainant, Mr Stephen Hlongwe, were charged with defeating the ends of justice.

The DPP accepted the recommendation of the ICD and decided to prosecute all six suspects with murder and attempted murder. The case was first heard on 05 May 2000, the second appearance was on 20-21 July 2000 while the third appearance will be at Lydenburg Magistrate’s Court on 21-22 September 2000.

10. SAPS Messina

The ICD is investigating 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 on 28 April 2000. It is expected that a formal inquest will be conducted in due course.

11. SAPS Thohoyandou

We are investigating the death of Nkhagweni Mundalamo (15) who was allegedly shot by police in Khuhvi in the Northern Province on 15 June 2000.

The incident occurred at a shebeen in Khuhvi in Thohoyandou, where police were responding to an armed robbery complaint from a taxi owner who indicated that suspects were seen at Benjie’s shebeen. This resulted in the shooting of a young boy, allegedly by the police. It was established that the deceased was not a suspect. However, one suspect was arrested in the process.

The ICD took charge of the investigation of the case on 16 June 2000 from the Thohoyandou Police. The investigation is continuing.

13. SAPS Barkly East

The three police officers implicated in the murder of Sphiwe Zide (14) and the assault of five other teenagers will appear at the Elliot Regional Court on 17 October 2000.

The incident occurred in Barkly East in the Eastern Cape on 10 April 2000 where police arrested six teenagers who allegedly committed a burglary. Those 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 members be indicted for murder, assault, assault with intent to do grievous bodily harm, theft and attempting to defeat the ends of justice.

The case was first heard on 07 September 2000, while the second appearance will be at Elliot Regional Court on 17 October 2000.

14. 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 Friday, 06 October 2000.

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, and the fourth was on 04 August, while the fifth appearance will be at Mnqanduli Regional Court on Friday 06 October 2000.

15. SAPS Fraserburg

We wish to confirm that we are investigating the death of Gert Baartman.

The incident occurred at Fraserburg Police Station in the Northern Cape on 15 July 2000 where a police officer arrested Mr. Baartman for trespassing and stock theft. On 16 July Mr. 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 results of the second post-mortem is expected in due course.

16. SAPS Record Centre, Cape Town

On 27 June 2000 Sgt. C.C. Martin was found guilty of murder and sentenced to 18 months’ correctional supervision with a further 18 months suspended for five years in the Cape Town Regional Court.

On 23 August 1997 Sgt Martin was with his wife, when the deceased grabbed Mrs Martin’s handbag and ran away. Sgt Martin shot at the fleeing suspect. The deceased was fatally wounded on the back of his head.

The ICD took over the investigation and after finalization thereof, handed over the case to the Director of Public Prosecutions (DPP) with the recommendation that the accused be indicted for murder.

The DPP accepted the recommendation of the ICD and the case was heard in the Cape Town Regional Court on 27 June 2000.

17. Public Order Policing Unit, Ulundi

We wish to confirm that we are investigating the death of Mr Bheki Mkhize, who was a Member of Parliament.

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. Three suspects appeared at Empangeni Magistrate’s Court and they are out on bail. A fourth suspect was also granted bail. The investigation is being finalized.

18. SAPS Bethlehem

We wish to confirm that we are investigating the death of James Mofokeng.

On 07 August 2000 Mr Mofokeng was detained at the Bethlehem police station for alleged theft of a motor vehicle. He died subsequently after being assaulted by other cell inmates.

The ICD made recommendations to the Eastern Free State Area Commissioner that a police officer be departmentally charged for violating SAPS regulations by neglecting his duty or performing his functions in an improper manner, and that the Station Commissioner be departmentally charged for not ensuring that his subordinates comply with instructions.

19. Public Order Policing Unit, Alexandra

We wish to confirm that 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 where police responded to a call that learners were on a 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 with a recommendation that suspects be indicted for murder and attempted murder. The DPP is still to decide.

20. SAPS Brakpan

We wish to confirm that we monitored investigations surrounding the death of Thami Zulu which were conducted by SAPS.

The incident occurred in Brakpan in the Gauteng Province on 02 April 1998 where police responded to a call that a vehicle that was allegedly used in the assassination of the Brakpan Taxi Association Chairperson was spotted in that area. A shooting frenzy between Mr Zulu and police ensued, which resulted in the shooting of the deceased.

The ICD monitored the SAPS investigation which after finalization thereof, handed over the case to the Director of Public Prosecutions for a decision.

The DPP decided to conduct a formal inquest which was scheduled for 17 July 2000. It was remanded to 17 August while the third hearing will be on 07 November 2000.

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