SAPS officers arrested for culpable homicide, assault and defeating the end of justice: Newcastle CAS 37/05/2010 and CAS 400/05/2010

Four SAPS officers from Newcastle in KwaZulu-Natal appeared in court today following an Independent Complaints Directorate (ICD) investigation into cases of assault, culpable homicide and defeating the ends of justice.

Their arrest comes after the death of a 38 year old man, Edward Thwala who was arrested on 1 May 2010 for being in possession of suspected stolen property. Thwala was arrested by Warrant Office F J Kruger and detained at Newcastle police cells. He was taken out of the cells the following day to be charged. Whilst in the crime office, Thwala vomited. Arrangements were immediately made for him to be taken to the Newcastle Provincial Hospital where he was later admitted. On 3 May 2010, Thwala passed away in hospital as a result of the injuries he had sustained.

The ICD investigation revealed the following:

  • The deceased was arrested with injuries whereas the police officials stated that the deceased was detained with no injuries
  • The cells were never visited as per the standing orders
  • The deceased would have likely survived in the event that there had been medical treatment afforded to the deceased.

The ICD took over the matter for further investigations. Upon completion of the investigation the case was referred to the Director for Public Prosecutions (DPP). The DPP decided to prosecute the police officers involved.

Arresting officers, Warrant Officers Ince (39 years) and Kruger (40 years) were charged for assault and defeating the ends of justices. The two cell guards, Constable Shabangu (33 years) and Warrant Officer Hlatshwayo (46 years) were arrested and charged with culpable homicide and defeating the ends of justice.

Warrant Officer Hlatshwayo and Constable Shabangu appeared at the Madadeni Magistrates Court and were released on R1000-00 bail each. Dates of court appearance for Warrant Officers Ince and Kruger are not yet finalised.


For more information contact:
Moses Dlamini
cell: 082 809 1927

Source: Independent Complaints Directorate

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