For seven weeks, the family of slain Likhona Fose, 14, whose mutilated body was found in a field in Roodepoort, on the West Rand, were given hope that the person who killed her will be prosecuted so they could get justice.
But on Wednesday, those hopes were dashed after murder charges against Mduduzi Mnisi, 39, who was arrested shortly after Likhona was killed, were withdrawn based on new information, the National Prosecuting Authority (NPA) said.
Likhona's mother, Nozidelelo Fose, said they were informed on Wednesday that charges would be withdrawn. "We are very broken and disappointed but there's nothing we can do and we are taking what we are being told. It is really difficult," said Fose.
The teen's body was discovered in an open veld at Durban Deep on June 1, a day after she went missing.
NPA spokesperson Phindi Mjonondwane said: “During his application to be released on bail, Mnisi raised an alibi that he didn’t know the deceased and that his phone records would prove that he was in Daveyton, on the East Rand, on May 31, the day Fose went missing.
“Subsequent to Mnisi’s bail hearing, the NPA gave instructions to the investigating officer to probe his alibi and, indeed, his phone was linked to a tower in Daveyton."
Now Likhona's family wants to know who killed their child and when they will be brought to book.
"From the beginning, we never knew the person who committed this crime but it was the police who brought him to us as the suspect and were sure that this case would be solved. Now it's going to be difficult because it feels like we are going back to where it all started. We are just leaving everything in God's hands."
Fose said the NPA had assured them as a family that they would continue investigating. "They said no matter how long it takes, they will ensure that they [arrest] the person who did this to our child [and] that there is no case that expires."
You know, people ... when you're around in the location (township) and they know you were previously doing wrong things and then now you've changed ... they don't accept that.
— Correctional services spokesperson Singabakho Nxumalo
Minisi, a parolee, was granted R5,000 bail in Likhona's case earlier this month.
He has been on parole since December 2018 after being sentenced to 18 years in jail for attempted murder and robbery.
Following his arrest, the state said he had violated his parole condition and it would be sent on review.
Department of correctional services spokesperson Singabakho Nxumalo on Wednesday said the matter would be dealt with internally.
Speaking to EWN shortly after the charges were withdrawn, Mnisi said: "I knew from the onset that I didn't commit this crime which they were framing me with. I did have an alibi, [who confirmed] where I was on that day when it happened. You know, people ... when you're around in the location (township) and they know you were previously doing wrong things and then now you've changed ... they don't accept that."
Legal expert Shadi Maganoe, a lecture at Wits School of Law, said: "When highly publicised cases collapse like this, it inevitably raises questions about the investigative and prosecutorial process. It indicates serious gaps in how cases were prepared, evidence was verified and decisions were made to proceed with prosecutions.
"These are systemic issues that require better coordination between the police and the NPA to prevent premature arrests and prosecutions. Public trust in the justice system depends on two things: fairness and competence. People need to see that the right suspects are charged and that cases are built carefully, not rushed."
Another expert, Adv Deon Pool, said the state "can't just prosecute people just because the public wants us to".
"Just because they have withdrawn it now doesn't mean that they have decided not to prosecute. As far as public trust is concerned, just because [they] arrested someone does not mean the person is guilty ... due process must still follow. "
He said the NPA had specialised units that were qualified to deal with such matters, adding that "the [units] are like a dog with a bone. They don't let things go and they take things extremely serious and if they had to withdraw, then they were left with no other alternative".
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