Crime intelligence officer convicted for helping ANC councillor evade arrest

CRIME intelligence police officer, Thulani Obed Thango acted with “direct intent” to obstruct the arrest of a former ANC councillor by hiding him for hours on December 21, 2018.

eThekwini former councillor, Mthokozisi Nojiyeza, was wanted by the members of the National Political Task team for the murder of Mlazi councillor Sibusiso Maphumulo on December 21.

Nojiyeza is also an accused in the R320 million Durban Solid Waste tender fraud case against former mayor of eThekwini, Zandile Gumede.

Magistrate Jackie Jonk found Thango to have collaborated with Nojiyeza's lawyer, Lunga Peter (who died during the trial), to prevent Nojiyeza's apprehension. Nojiyeza had sought legal assistance on Zandile Gumede’s advice because he was wanted.

On December 21, Nojiyeza was picked up from his Umlazi home by his metro police bodyguards, constables Ayanda Gumede and Javin Mgwaba.

They drove him to a restaurant on Victoria Embankment for a meeting with Thango and another individual. After this meeting, Nojiyeza joined Thango in a silver-grey Toyota Etios, with his bodyguards following, to consult with Peter on Churchill Road, Morningside.

Constable Gumede noted that the Etios had blue lights, was driving fast, and was skipping traffic lights.

Constable Gumede testified that Nojiyeza then instructed him and Constable Mgwaba to go to Inanda, stating he would call them when he was finished with a lawyer's meeting. After about an hour and a half, Nojiyeza called the metro police officers and told them to wait for him at the City Hall.

They waited for approximately two hours, but Nojiyeza did not arrive. He then called them again, instructing them to go to his home in Umlazi due to picketing there. Gumede reported this to his supervisor, who advised them to go to Umlazi but let the local police handle the situation.

Constable Gumede explained: “On our way to Mlazi, Nojiyeza called and said we must no longer go there but go to the Durban Central police station, where we would meet with the two gentlemen that he was with in the morning.”

On their arrival at the Durban Central police station, the Etios was already parked. Constable Gumede stated that Thango asked him to move an Audi TT, which was parked in the station's parking lot, and that the key would be inside the vehicle.

Gumede noticed that the hat Nojiyeza had been wearing that morning was on the backseat of the Etios, but Nojiyeza was not present. As Gumede approached the station's parking lot, task team members approached him and inquired about his presence. After he explained, they immediately went to the Audi, opened the passenger door, found Nojiyeza inside, and arrested him.

Sergeant Sizwe Sokhela from the political task team testified that Peter had misled them, as he had arranged to meet at Durban Central for Nojiyeza's handover, but was alone.

Peter had informed them that Nojiyeza would be dropped off by the mayor's convoy, and they waited for a long time for him to arrive. After the arrest of his client, Peter fled the scene. Sergeant Sokhela also testified that “the door of the Audi was slightly open and Nojiyeza was nearly dehydrated from sweating so much.”

Jonk found the state witnesses credible and said the State, led by prosecutor Nkululeko Msiya, proved the case beyond a reasonable doubt. She rejected Thango's version of events as improbable.

She concluded that: “The accused had no lawful reason to hide Nojiyeza and to try and stop his arrest, and therefore his conduct was unlawful.”

The court determined that Thango's actions, including dropping constable Gumede 17 meters from the parking lot to evade CCTV detection, constituted a deliberate attempt to defeat justice.

“The murder case against Nojiyeza was later struck off the court roll. Someone else was subsequently tried, convicted, and sentenced for the councillor's murder, meaning Nojiyeza was not ultimately prosecuted for the original murder charge,” Jonk said.

Cape Times