Bail hearing of eMbalenhle police constable continues today

Constable Gert Lebitsi, stationed at eMbalenhle Police Station, is set to appear in court today (September 30) for the continuation of his bail application.

The cross-examination is expected to continue before the Evander Magistrate’s Court.

The Secunda Murder and Robbery Unit arrested him on September 11. He faces charges of theft and defeating the ends of justice.

Through an affidavit read by his lawyer, Lebitsi told the court that he intends to plead not guilty to all the charges.

He recounted that on the night of September 10, a group of men claiming to be police officers arrived at his house in the middle of the night. Because they were not in uniform and it was late, he refused to open the door and instead called the eMbalenhle Police Station.

Officers were dispatched, and when they arrived, he opened the door. The group then requested to search his home for a firearm. He allowed the search, but no weapon was found.

Lebitsi claimed the officers had no search warrant, yet they handcuffed him, drove him to Witbank, and allegedly assaulted and electrocuted him while demanding to know the whereabouts of the firearm.

He further alleged that he was detained without a case being opened until September 11, when he was taken to eMbalenhle Police Station and later transferred to Trichardt Police Station.

He stated that despite being injured, the officers denied him hospital treatment until his attorney intervened.

On September 15, he appeared in court without formal charges, after which an investigating officer allegedly approached his lawyer to indicate the intention to charge him.

He was then formally charged with theft and defeating the ends of justice.

According to Lebitsi, the firearm was later recovered in possession of another person who was not arrested.
He also told the court that he opened a case against the investigating officers for defeating the ends of justice and tampering with the occurrence book.

He accused an investigator of mobilising Vukanini Taxi Association members by falsely claiming he had been arrested in possession of the gun used in the murder of Kinross taxi boss Fannie Khumalo.

Lebitsi said this situation has put his family in danger, adding that after his first court appearance, his wife’s car tyres and those of court officials were slashed, prompting him to open a case at Evander Police Station.
Sergeant Sabelo Zwane, the investigating officer, disputed Lebitsi’s version.

Zwane testified that they had received information from informers about the location of a firearm suspected to have been used in Khumalo’s murder, which led them to Lebitsi’s house. He said the team identified themselves as police, but Lebitsi refused to open the door.

While waiting, they allegedly heard the sound of a firearm being cocked inside the house.

According to Zwane, eMbalenhle police officers arrived after receiving a call from Lebitsi, who claimed he was being attacked by unknown men. The investigating team explained to the officers that they were police following up on certain information.

The officers even used sirens and tried to call Lebitsi, but he still did not open.

They waited until the morning, at which point Lebitsi opened the door and allowed a search.

Zwane said they confiscated what Lebitsi described as a toy gun, which has since been sent for forensic testing.

During cross-examination, Lebitsi’s attorney challenged Zwane over contradictions in the dates of his client’s arrest and detention.