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08 November 2001 The Independent Complaints Directorate (ICD) wishes to inform that four police officers, charged with culpable homicide surrounding the circumstances of the death of Nhlanhla David Nyembe (23) in April 1998, were found guilty and sentenced in the Pietermaritzburg Regional Court, on Wednesday 07 November 2001. The incident occurred in Mountainrise in the Kwazulu-Natal Province on 21 April 1998 where it is alleged that Sergeant Yoganathan Pillay (30), Sergeant Mark Valoo (32), Sergeant Jude Ryan (29) and Sergeant Steven Govender (27) who were attached to the SAPS Mountainrise Detective Branch arrested Mr Nyembe as a suspect in an alleged armed robbery and rape case. He was taken to an office belonging to one of the suspects for interrogation and was severely assaulted and subsequently he died. The ICD took charge of the investigation and after finalisation thereof forwarded the case docket to the DPP for a decision. The DPP decided that the said four police officers be indicted for culpable homicide. The four police officers were sentenced on 07 November 2001 to 12 years' imprisonment each. Although the said police officers cited in their statements that Mr Nyembe collapsed while he was interrogated and injured himself, which resulted in his untimely death. Magistrate Hithesh Heeralall overruled that as it was contrary to the evidence brought before court. In his concluding remarks before passing his sentence the Magistrate stated: "The court must use this case to rekindle the communities' trust and confidence in not only the criminal justice system, but the SAPS. This judgement would serve to reflect the insignificance and worthlessness that is now being attached to human life." The Executive Director of the ICD,
Adv Karen McKenzie said " The message should be clear to all police officers that the
brutal torture and assault of civilians will not be tolerated - the judgement in this
matter underscores this. Police officers cannot continue to assault or mishandle suspects
placed in their lawful custody." Issued by Independent Complaints Directorate (ICD) ICD National Spokesperson |
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