SAPS officer from eMbalenhle faces multiple charges over rifle linked to taxi boss murder

The Evander Magistrate’s Court released Constable Gert Lebitsi (43), stationed at eMbalenhle Police Station, on R4 000 bail on October 2.

His release follows his arrest last month by the Secunda Murder and Robbery Unit. Lebitsi faces two counts of defeating the ends of justice, one of theft and one of unlawful possession of a firearm.

During cross-examination on September 30, investigating officer Sergeant Sabelo Zwane told the court that Lebitsi allegedly had an R5 rifle linked to the 2021 assassination of Kinross taxi boss Fani Khumalo (51).

Khumalo was gunned down at his home in November 2021 while preparing his minibuses for the day. He was shot seven times in the chest by four armed men and died at the scene.

Zwane testified that the R5 rifle had allegedly been stolen from a crime scene in April 2022, after prominent eMbalenhle businessman Jabulani ‘Jabu’ Nkosi (45) was murdered near the eMbalenhle Mall.

Nkosi, seated in his BMW X5 while waiting for his wife, was ambushed and killed in a Mafia-style hit when two gunmen opened fire from both sides of his car before fleeing towards Ext 5.

During Lebitsi’s arrest, police also found him with a 9mm firearm, which he claimed was a toy for self-protection.
The weapon was sent for forensic testing.

Zwane further testified that Lebitsi directed the police to locations where he claimed the R5 rifle was hidden, but officers did not find it.

The State opposed bail, citing threats against witnesses, including one who had already relocated to another province for safety.

Lebitsi’s attorney, however, argued that the case was a fabrication, pointing to missing pages in the eMbalenhle SAP 13 register, which allegedly show that another person, not his client, was found with a firearm.

He also claimed Lebitsi was assaulted during his arrest, alleging officers hung him from a tree and electrocuted him. In granting bail, the magistrate said Lebitsi had shown exceptional circumstances for release and that the State’s case appeared weak due to the absence of the R5 rifle and incomplete investigations.

The court also questioned why a case was not opened when the firearm was allegedly stolen and emphasised that public opinion could not override the accused’s constitutional rights.

The court noted that Lebitsi has disclosed a pending fraud case at the Evander Regional Court, but has no previous convictions.
The court postponed the matter to November 13 for further investigation.

The Vukanini Taxi Association chairperson, Fanyana Sibanyoni, expressed disappointment with the decision after judgment, saying their members feel unsafe.

“There is no smoke without fire. The fact that the SAPS did not find the rifle does not clear him. It is still suspicious. He also faces a fraud case.

“We are unhappy with this outcome. We won’t fold our arms. The gloves are off, and as taxi operators, we will fight until we can live in peace,” Sibanyoni said.