Family of murdered Brakpan man demands justice after revelations at Madlanga Commission
The family of Emmanuel Mbense has sought private prosecution support after testimony revealed how he was allegedly tortured and murdered before his body was dumped in a dam.
After more than three years of pleading with authorities for answers, the family of Emmanuel Mbense (52), a father of five who was allegedly tortured and murdered by law-enforcement officers and private security personnel before his body was dumped in a dam, has turned to AfriForum’s private prosecution unit for justice.
The family heard the details of Mbense’s death for the first time when Marius van der Merwe, also known as Witness D, testified before the Madlanga Commission.
On the morning of Van der Merwe’s scheduled testimony, an investigator from the Independent Police Investigative Directorate (Ipid) warned the family that details about Mbense’s death would emerge.
Mbense was murdered in his home in Brakpan on April 15, 2022.
His body was discovered the next day at the Duduza Dam in Nigel, with the keys to his car and his driver’s licence still in his pocket.
The unit had access to the death certificate, which indicates that the cause of death was blunt-force trauma to the head.
“For a long time, we lived with unanswered questions, not knowing how he died or what exactly happened,” says Mbense’s brother, Nhlanhla, who requested that his full name not be published.
“The truth only came to light once the commission began. It forced us to relive the horror of his final moments in public, surrounded by strangers. And receiving such devastating news at the same time as everyone else was terrible. It deprived us of any chance to prepare ourselves emotionally. We were retraumatised as the details came out.”
Nhlanhla and his family consulted with the unit on November 18, four days after Van der Merwe testified before the Madlanga Commission.
For three years, Mbense’s brother repeatedly approached the SAPS and Ipid for updates on the case, only to be told that everything was progressing well and that arrests were imminent.
This week, within hours of AfriForum’s private prosecution unit writing to Jennifer Ntlatseng, head of Ipid, an investigator called Nhlanhla to tell him, again, that the investigation was nearly complete and that arrests would follow soon.
Adv Gerrie Nel, head of the private prosecution unit, says in the letter to Ntlatseng that Ipid’s conduct suggests that the involved parties are being shielded from investigation and prosecution.
“We are writing this letter at a time when it appears that the alleged levels of incompetence and criminal conduct of almost all law-enforcement agencies can no longer be kept secret,” says Nel.
“We regard this as a strategy to hide from the public the extent of criminal activities involving members of law-enforcement agencies, as well as the apparent inefficiency -if not complicity – of the agencies established to combat criminal activity within law-enforcement structures.
“The ongoing commissions of inquiry and the parliament’s ad hoc committee have undoubtedly exposed how structures in the criminal justice system are failing to conduct objective criminal investigations and prosecutions, and that the only guarantee is that the suspects have found safe harbour within incompetent law-enforcement agencies.”
According to Nel, recent developments have highlighted the failure to bring Mbense’s case to a swift conclusion.
“After the apparent assassination of Van der Merwe, who made no secret of how and who was involved in Mbense’s gruesome murder, including his own involvement, the failure to deal decisively with this investigation and finalise it after years is regrettable and requires a meaningful response regarding its status,” he says.
“The testimony of the retired deputy head of the Ekurhuleni Metropolitan Police, Revo Spies, who testified that Van der Merwe had been identified as a potential witness under Section 204 of the Criminal Procedure Act 51 of 1977, is deeply concerning. If this is correct, then an explanation for the failure to arrest the suspects and register the case becomes even more urgent.”
Nhlanhla described his brother as an anchor in the family, who cared for his mother, siblings, and five children.
He says the handling of the case has undermined any trust they had in the criminal justice system.
“The family was left with no choice but to seek help from AfriForum’s private prosecution unit. The decision was not taken lightly,” says Nhlanhla.
“It reflects the sense of abandonment we have experienced as a family. The same institutions we entrusted to seek justice have failed to act on our behalf. This is a direct result of our determination to ensure accountability and protect our dignity.”
Barry Bateman, spokesperson for the unit, says the purpose of the commission of inquiry is to expose criminality, and he hopes it has not played into the hands of the criminals.
“It is unclear whether Van der Merwe had been approached and agreed to be a cooperating witness with the understanding that he could be pardoned for his role in the murder. But the reality is that either an accused or a state witness testified publicly in a forum outside the criminal justice system,” says Bateman.
“Furthermore, it is inexplicable that Van der Merwe and the others he implicated were not arrested and brought before court, where they would have had to apply for bail to be released. It is in that forum that the state and the courts can exercise their powers to ensure the safety of witnesses,” says Bateman.
AfriForum’s private prosecution unit has asked Ipid to urgently respond to the request for an update and an explanation for the delay in finalising the case.
The unit, which represents Mbense’s family, will closely monitor the case to ensure that everyone, including law-enforcement officers, is treated equally before the law and held accountable for their crimes.
