The criminal case against three EMPD officers accused of stealing R25 000 worth of cigarettes from a Rynfield supermarket has been provisionally withdrawn.

This was revealed by Independent Police Investigative Directorate’s (IPID) assistant director for investigations, Thulani Magagula, during his testimony before the Madlanga Commission of Inquiry last week.

The Benoni City Times reported in March 2023 that the three constables – identified at the inquiry as Bafana Twala, Aiden McKenzie and Kersha Lee-Stols, members of the EMPD’s

Boksburg Specialised Unit for Truck Hijacking – had been arrested by IPID in connection with theft.

The officers allegedly confiscated boxes of cigarettes during a search operation at Smokes and Kings Supermarket in Rynfield on July 6, 2022, and loaded them into an EMPD vehicle. A supermarket employee was placed into another EMPD vehicle.

According to an earlier statement by IPID spokesperson Lizzy Suping, the officers allegedly disconnected surveillance cameras inside the shop while confiscating the cigarettes.

“The officers then drove to Northmead with the supermarket employee under the pretext that he was arrested.

“They demanded cash and a cellphone for his release. He allegedly gave them the R200 notes that he had in his possession and was then dropped off in Northmead near the highway,” Suping said.

She added that the officers later proceeded to the Benoni Police Station, where they booked in two boxes of cigarettes.

“Their statements indicated that the goods were found at an unknown property and the owner was also unknown because he ran away when he saw them,” said Suping.

Suping further stated that the officers allegedly failed to open a case relating to the confiscated goods.

Testifying at the commission, Magagula said the matter had been enrolled for trial before it was withdrawn.

“When I went to subpoena the witness, he told me he was not interested. He said, Magagula, you promised me that you would give me the remaining cigarettes in SAPS 13. You did not give these to me, now I’m no longer interested,” Magagula explained.

He added that the complainant appeared primarily concerned about the cigarettes recorded in the SAPS13 register and, at times, behaved disrespectfully towards him.

Commission chair Justice Madlanga questioned whether the matter should end simply because a witness refused to comply with a subpoena, especially given the seriousness of the alleged criminality involving police officers.

“If there is criminality as suggested, it appears to be serious criminality involving police officers. I do not think the matter should end just like that,” Madlanga said, adding that investigators should not abandon the case solely due to a reluctant witness.

Magagula agreed but said his powers were limited.

“The only thing is to await directives from the NPA because my powers end when I was given a task to subpoena and I did and brought the results,” he said.
Meanwhile, Suping confirmed that the case has been withdrawn for now because the complainant is unwilling to testify in court.

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