The arrest of the driver of the gas tanker that exploded in Boksburg on Christmas Eve was unlawful, according to SAPS Deputy Provincial Commissioner General Mbuso Khumalo.

The driver, who was arrested on December 24, was released from custody yesterday.

Senior state prosecutor at Boksburg Magistrate’s Court Henk Strydom confirmed the release to Boksburg Advertiser today, reiterating that it was solely a SAPS decision and was not done in consultation with the National Prosecuting Authority (NPA).

Strydom said the docket was not presented to his office or to the NPA. “When I began enquiring about the docket today, I was told by General Khumalo there will be no docket as the driver had been released on grounds of insufficient evidence,” he said.

Khumalo explained that according to the law, the police do not make arrests for culpable homicide or reckless and negligent driving without investigating intent.

“The police need to conduct an investigation before an arrest can be made. I don’t know who arrested him [the driver], but it was an unlawful arrest,” Khumalo told the Boksburg Advertiser today.

This after the office of the Provincial Commissioner of the SAPS on December 25 stated the driver was arrested at a private hospital on the same evening of the catastrophic events in Plantation and that the 32-year-old suspect was charged with multiple counts of culpable homicide, negligent causing of an explosion resulting in death [Act 26 of 1956, Section 27 (2)] and malicious damage to property.

The statement noted the driver would appear in the Boksburg Magistrate’s Court today, which resulted in media, families of the deceased, political parties and others descending on the court premises from this morning.

However, confusion appeared to have been the order of the day at court, with everyone waiting for the suspect to arrive and face a magistrate.

When it became clear he was not going to arrive and with no official spokespersons in attendance to brief the media, Strydom was authorised to allow his acting control prosecutor to brief the media.

“The media was told there had been no presentation of a docket in this matter against the suspect [the driver] in the gas tanker explosion, that there had been no consultation with our office or the NPA and that it had been a unilateral decision by the police to release the suspect as, they said, there is no case against him at this stage,” Strydom said.

Khumalo explained the release does not mean the suspect is ‘out of the woods’.

“We know where he lives. All his details were verified. The police are investigating,” he said.

“We are all saddened by the events that took place and we extend our sympathies to the relatives of the deceased and injured. We must be guided by the law and do the right thing to ensure justice.

“A large team from the provincial SAPS has been dedicated to this investigation and we will work hand in hand with the relevant justice departments.”