By OBAKENG MAJE
Former North West Police Deputy Commissioner, Gen Mazondase Mpembe and his three co-accused, Brig Jacobus van Zyl, Brig Dingaan Madoda, and Lieutenant Col Oupa Pule were found not guilty on all charges by the North West High Court in Mafikeng on Monday.
The four police officers were facing charges of defeating and obstructing the ends of justice by allegedly concealing information on circumstances surrounding the death of Modisaotsile Sagalala who died in a police canter when striking miners participated in a wage strike on 16 August 2012.
It is alleged that miners were shot at by police following a confrontation and Sagalala, who had a gunshot wound on the chest and handcuffs at the back died in a police canter following his arrest with other miners.
Mpembe and three senior police officers allegedly failed to report this matter to the Independent Police Investigative Directorate (IPID) and misrepresented facts at the Farlam Commission, which was set to establish the truths surrounding the deaths of miners during strike.
Now, National Prosecuting Authority (NPA) regional spokesperson in North West, Henry Mamothamme said: “The National Prosecuting Authority has noted the judgment of the High Court of South Africa, North West Division which acquitted the Mpembe and his three co-accused.
“The NPA will study the judgment in order to make informed decisions after the court found the four policemen not guilty of the three charges they were facing relating to the death of a miner in Marikana.”
However, Mpembe is not yet off the hook. He is facing four charges of murder for the deaths of Semi Jokansi, Thembelakhe Mari, Hendrick Monene, and Sello Lepaaku.
Mpembe is also facing five charges of attempted murder, while his co-accused are facing one count of murder. The trial against Mpembe and his co-accused retired Col Salmon Vermaak, Constable Nkosana Mguye and Warrant Officers Katlego Sekgweleya, Masilo Mogale, and Khazamola Makhubela in expected to continue in April.
In addition, Mpembe, and Vermaak are also each facing a charge of defeating the ends of justice and another of giving false information.
Meanwhile, Simon Mpembe who is Gen Mpembe’s brother said: “In this case, we welcome the verdict and this has never been a murder case. But this was done deliberately as a strategy by the State to destroy the dignity of my brother.
“We are convinced that a State was on a full swing witch hunt against my brother. The clear part of the strategy was to defame him spiritually, torment him and subject him to an ending humiliation of the highest order. This has happened for the past three years and the State has succeeded in purporting him as a dangerous murderer in the world that massacred 34 people. “
He added that the matter has caused his brother financial constraints. Mpembe further said all witnesses failed dismally to present facts to the court, but he believes that his brother’s image and dignity were destroyed for nothing.
The Guardian 