How cops botched top case

The police have come under criticism with calls for its administration work to be strengthened after the suspects linked to a possible cash-in-transit (CIT) heist in Khayelitsha had to be released as they were not charged within 48 hours as the law requires.

Last week, a multidisciplinary team including the Hawks, intelligence operatives and the Special Task Force raided a house in Khayelitsha where they exchanged fire with a gang of about 13 people. Eight suspects were killed, while five others were arrested.

At the scene, police confiscated weapons including seven AK-47 rifles, two R5 rifles, one R4 rifle, one Dashprod rifle and two 9mm pistols.

They also found three improvised explosive devices and numerous magazines filled with rounds of ammunition.

Three of the suspects – Tebogo Maluke, Cassiem Feni and Avuyile Mjongwana – appeared in the Khayelitsha Magistrate’s Court on Thursday facing murder and firearms-related charges.

Simphiwe Mzawya and Sihle Mabongo were absent as they are still in hospital after being wounded in the shoot-out with police.

In a surprising turn of events, the court struck the case off the roll after Feni’s representative argued that his client was supposed to appear in court 48 hours after his arrest and, as this was not followed, he was appearing before the court unlawfully.

Western Cape police commissioner Thembisile Patekile said they were investigating heists in Kuils River and Paarl which occurred two weeks ago and would look into whether the suspects were linked to these incidents.

“The law is clear on the maximum time of detention of 48 hours and when it expires. We respect the judgment of the court, whether we agree with it or not. Where we stand as police is that if it falls within 48 hours, then the suspect must be in court. But if it falls outside court hours, then the next day there is the court date appearance. Which is what we followed. If we can review the decision, then we will.

“It’s not all lost. We have two other matters we are investigating and if some of them are linked to those we will prevent them from disappearing. Our investigation will continue,” said Patekile.

Dr Simon Howell, of UCT’s Centre of Criminology, said there had been similar cases of this nature over the years where a case was struck off the court roll, but perhaps not as significant as this instance.

“This is rather as a result of carelessness in administration work or planning because they should have noted that detainees are only to be kept for 48 hours. This has nothing really to do with their strategy or management planning, but there needs to be clear administration duties and responsibilities. They should have correctly timed everything and sorted out the various processes needed because the police actually did good work in apprehending the suspects,” he said.

According to Howell, it was hard to predict if the suspects would re-offend because while that might be an assumption, they are aware they will be under high police surveillance.

“It is clear that there needs to be an improved and strict administration process which includes oversight because the failure in this case means they lost key suspects in this specific case.

“We hope that lessons have been learned and the magistrates cannot be faulted in upholding the law,” he said.

Police Oversight and Community Safety MEC Anroux Marais, who was among those who hailed the arrests at the time, has since expressed disappointment in the court outcome.

“I am shocked and dismayed at this sloppy work, which is completely unacceptable. The suspects must be re-arrested as soon as possible. This cannot stand,” said Marais.

Khayelitsha community policing forum (CPF) chairperson Funeka Soldaat questioned how such a “mistake” was allowed to happen and called for accountability.

“We have so many questions and are trying to understand what was the police plan because they are the law and should know how it operates.

“This now overshadows the great work they did in preventing a crime and actually making arrests.

“We are hoping that a thorough investigation happens now and results are seen,” said Soldaat.

Cape Times