Durban cop to face new charges over stolen bank cards

The 252 bank cards found in possession of a police constable, who was arrested for the alleged theft of a hijack victim’s bank card, were allegedly stolen during the looting of the Absa and African Bank branches at Bridge City Mall in KwaMashu during the 2021 July unrest.

This was revealed during the bail application of Constable Minenhle Makhaye in the Durban Magistrate’s Court on Monday.

Makhaye was arrested for the alleged theft of a bank card belonging to the mother of Zarah Ramsamy, 11, who was killed in a hijacking last month.

It is alleged that the hijacked vehicle, was abandoned in Cato Manor, and Makhaye had been told to drive the vehicle to Malvern SAPS. Makhaye took the bank card during this trip and used it to purchase alcohol.

However police also found 272 cards in his room at his grandmother’s Seaview home.

Investigating officer, Warrant Officer Sivan Naidoo, on Monday confirmed in court that of the cards, 252 were bank cards with the majority traced as being stolen during the looting incident at the Bridge City Mall.

Naidoo said investigations are ongoing, and new charges will be brought against Makhaye in relation to the recovered cards.

Makhaye, in his affidavit, has said that he had mistakenly taken Ramsamy’s bank card and the bank cards recovered in his room didn’t belong to him.

He said they belonged to his late grandfather, who worked as a truck driver and for a courier company.

However Naidoo said that this version was unlikely, as the company mentioned would not deliver a box with bank cards.

Defence attorney, Zolani Duma, and State Prosecutor Sandiso Ngonyama on Monday delivered closing arguments in the bail hearing.

Duma, in his closing argument, argued that Makhaye had no previous convictions and no pending charges against him.

“He will comply with all requirements if granted bail.”

He added that Makhaye will not interfere with the investigation and will not evade trial if the matter had to proceed that far. Duma said that the theft of Ramsamy’s bank card was low level offence.

“We don’t understand why bail has been opposed by the State because this was a low level of crime and Makhaye had mistakenly taken the bank card from the recovered hijacked vehicle. He also had no involvement in the hijacking or the death of Zarah Ramsamy.”

But Ngonyama said the State did not believe that Makhaye had mistakenly taken the bank card from the recovered hijacked vehicle.

“The police officer would have received reports from the radio about the hijacked vehicle and would have known that the vehicle he was driving was Zarah Ramsamy’s mother’s car. He also would have got the news the next day; however, he still chose to use the bank card to buy liquor from an establishment.”

Ngonyama added that they were concerned that Makhaye could interfere with the investigation.

“Our investigation is not complete and we still need to take testimony from some witnesses. We are concerned that he will intimidate witnesses with him being a police officer and will interfere with the investigation to stop this matter from going to trial.

“He will also face additional charges for the recovered stolen cards. We feel that he has demonstrated that he does not perform his duty as a police officer.”

He added that on Makhaye’s version, he had been aware of a box of bank cards in the house but had not handed it over to the police.

Judgment in the bail hearing will be handed down on Wednesday.

The Mercury