The Independent Complaints Directorate (ICD) has sent a team of investigators from other provinces to strengthen its Mpumalanga office. This is due to the number of high profile and service delivery related cases that the province has to deal with and the effect this has on the finalisation of other cases.
At the same time, the ICD would like to give an update on some of its investigations in Mpumalanga province.
Komatipoort - It is alleged that in February 2010, a Mozambican, Ms Albertina Mabaso was waiting for her customers at the Lebombo border post. She had with her hair pieces which were twisted around her finger by a Warrant Officer who had searched her. Her thumb had to be amputated.
The ICD picked-up the report from the media. By then the SAPS had investigated and sent the docket to the Senior Public Prosecutor (SPP) for a decision on prosecution. The SPP declined to prosecute based on the evidence in the docket, which was insufficient to warrant prosecution. The ICD restarted the investigation and obtained all the relevant evidence and statements. The docket has been resent to the Director of Public Prosecutions (DPP) for a decision on whether to prosecute or not with the new evidence and statements.
Vosman – In February 2009, SAPS Constable Margaret Mashiane (29) found the father of her child, Mr Tuis Rampedi, sitting in a car with another woman. Constable Mashiane chased the deceased in a state vehicle she was driving and cornered the deceased and his girlfriend at a cul-de-sac. Constable Mashiane then shot at the deceased’s vehicle.
The girlfriend managed to escape. Mr Rampedi was shot through the chest, injuring him seriously. The constable then loaded Mr Rampedi into the state vehicle and took him to hospital where he died. The ICD took over the investigation and made recommendations to the DPP for prosecution. The case was set down for trial on 25 to 29 July 2011. Constable Mashiane was found guilty on two counts of intimidation, reckless and negligent driving, attempted murder and murder at the Middelburg High Court. The case has been postponed to 28 September 2011 for sentencing.
Lydenburg – In May 2009, Mr Oupa Malebe was told to come to the police station as he was sought for an armed robbery case. He was severely assaulted and he had to be operated on and his testicles removed. The ICD investigated the case and arrested the five members involved. The ICD also made recommendations that the five members be prosecuted on charges of attempted murder. The case is now on trial and will continue on 26 to 27 September 2011.
Hazyview – Ms Siphiwe Mdluli was shot and killed after trying to report an assault by her boyfriend Constable Gilmore Mandla Sibiya in June 2009. The constable had tried to stop the deceased from reporting the assault to the police. The ICD arrested the police officer and ensured that he is held accountable.
The DPP has decided to prosecute following an ICD investigation and recommendations that Constable Sibiya be prosecuted. The matter went on trial and the suspect was found guilty of culpable homicide. He was sentenced to three years imprisonment, wholly suspended for five years on condition that he is not found guilty of a similar offence committed during the period of suspension.
Skukuza – In June 2009, The police alleged that Walter Mhlanga, who had been arrested for housebreaking and theft, had died in the cells. The ICD took over the investigation and the Post Mortem revealed that the deceased had been assaulted prior to his death. A recommendation was made to the DPP that the members involved be prosecuted. The docket came back with some queries, these are being attended to after which the docket will be returned to the DPP for decision.
In September 2009, Mr Nandos Lamono was arrested by the Blinkpan police for murder and attempted murder. Upon investigation, the ICD uncovered that the deceased had been assaulted by smashing his head against the wall and bashing his head against the steel door of the cells. The ICD recommended that the members be charged with murder. The case is currently in the Inquest Court.
Kwaggafontein – It is alleged that in the early hours of 28 March 2010 while patrolling, the SAPS came across some gamblers playing dice near the Blue Moon Tavern. Apparently the group ran in different directions when they saw the police, who fired at the fleeing gamblers. Three people were injured, one of them, Mr Sizwe Mathibela, was shot on the arm and back. The suspects were all identified. The case is currently with the DPP for a decision.
The Ermelo and Balfour cases have been assigned to the aforesaid team to prioritise in order to conclude the investigations as soon as possible.
For enquiries:
ICD National Spokesperson
Moses Dlamini
082 809 1927
E-mail: mdlamini@icd.gov.za
