AfriForum’s Head of the Private prosecution Unit, Gerrie Nel expressed concerns about the delay in investigating Mbense’s death.
The family of 51-year-old Emmanuel Mbense, who was allegedly tortured and murdered by law enforcement and private security officers before being dumped in a dam, has turned to AfriForum’s Private Prosecution Unit for justice.
Mbense was murdered on 15 April 2022 at his home in Brakpan. His body was discovered the following day at the Duduza dam in Nigel, with his car keys and driver’s licence in his pocket.
Grim murder
The Mbense family learnt the grim details of his death for the first time when Marius van der Merwe, also known as Witness D, testified at the Madlanga Commission of Inquiry into allegations of rot, corruption and interference in the police and the criminal justice system.
Witness D testified that Mbense was allegedly killed by the Ekurhuleni Metropolitan Police Department (EMPD), South African Police Service (Saps) and security officers on 15 April 2022.
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Van der Merwe, who exposed police misconduct in the killing, was assassinated last month.
On the morning of Van der Merwe’s scheduled testimony, an investigator from the Independent Police Investigative Directorate (Ipid) warned the Mbense family that details about his death would emerge.
Concerns
AfriForum’s Head of the Private Prosecution Unit, Gerrie Nel, expressed concerns about the delay in investigating Mbense’s death.
In the letter to the Ipid director, Jennifer Ntlatseng, Nel stated that Ipid’s conduct suggests that the implicated parties are being shielded from investigation and prosecution.
“We write this letter at a time when it appears that almost all law enforcement agencies’ alleged levels of incompetence and criminal conduct can no longer be kept secret.
“We view this as a stratagem to conceal from the public the extent of criminal activity in which members of law enforcement agencies are involved, as well as the apparent ineffectiveness, if not complicity, of the agencies established to combat criminal activity within law enforcement structures,” Nel said.
Unanswered questions
Mbense’s brother, Nhlanhla, said that for a long time, the family lived with unanswered questions, not knowing how he died or what exactly transpired.
“The truth only started to surface before the commission. It forced us to relive the horror of his final moments in public, surrounded by strangers. Receiving such devastating news at the same time as everyone else has been very painful. It has stripped away any chance for us to prepare ourselves emotionally. We were re-traumatised again as the details unfolded.”
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Nhlanhla described his brother as an anchor in the family, who provided for his mother, siblings and five children.
No faith in criminal justice system
He said the handling of the case has undermined their faith in the criminal justice system.
“The family has been left with no choice but to seek assistance from AfriForum’s Private Prosecution Unit. The decision was not taken lightly. It reflects the sense of abandonment that we have experienced as a family.
“The very same institutions we have entrusted with seeking justice have failed to act on our behalf. This is a direct result of our determination to ensure that accountability and to protect our dignity,” said Nhlanhla.
Madlanga Commission
Barry Bateman, spokesperson for the lobby group, said the purpose of the Madlanga Commission is to “expose criminality and that he hopes this has not played into the hands of the criminals.”
“It is unclear if Van der Merwe was approached and agreed to be a cooperating witness with the understanding that he may be indemnified for his role in the murder. But the reality is that either an accused or a state witness publicly testified in a forum outside of the criminal justice system.
“Further, it is inexplicable that Van der Merwe and the others whom he implicated were not arrested and brought to 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,” said Bateman.
AfriForum’s private prosecution unit, now representing the family, says it will closely monitor the matter to ensure all suspects, including police officers, are held accountable.
Ipid spokesperson Lizzy Suping told The Citizen they are busy with the investigation into the murder of Mbense.
“Ipid’s investigation on the alleged murder of a civilian and his body dumped at a lake in Nigel, allegedly at the instruction of EMPD officers, is in its final stages.”
Witness D testimony
Van der Merwe told the commission in November that EMPD Brigadier Julius Mkhwanazi instructed officers to dump the body of Mbense, who died after being tortured.
He said he had been at home with his son when he received several calls from Kobus Janse van Rensburg, owner of Ghostguard Security, asking for help with “an operation” to “knock” the house of a suspect linked to a warehouse robbery in Brakpan.
He testified that the operation involved police officers, reservists and private security, including alleged police impersonator Wiandre Pretorius and informer Jaco Hanekom.
Mbense murder
At Mbense’s home, Van der Merwe said evidence of stolen goods was found. Mbense admitted transporting the goods and offered R500 000 to avoid harm.
He was then assaulted using “tubing,” an apartheid-era suffocation method. Despite offering further cooperation, Mbense died during the assault.
Van der Merwe testified that EMPD officer Kersha Lee Stols failed to call a paramedic, and Pretorius and others moved to cover up the death.
Brigadier Mkhwanazi allegedly ordered the group to dispose of the body, which was later dumped in a Nigel dam.
Mkhwanazi has since been suspended following an internal audit into allegations of misconduct.
Van der Merwe was gunned down last Friday, a week after delivering his testimony.
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