The family of slain Mthokozisi Ntumba and the police watchdog have slammed a disciplinary sanction given to four officers in relation to his killing, describing it as a “slap on the wrist”.
Three of the four public order policing (POP) officers – WO Victor Mohammed, Cst Tshepiso Kekana and Sgt Cidraas Motseothata – were given two months suspension without pay after they were found guilty of allegedly shooting Ntumba during a student protest in Braamfontein, Johannesburg, in March 2021.
Sgt Madimetja Legodi was found not guilty of the same charge.
“Mr Ntumba asked why you were shooting at him [‘ningi dubulelani’] and you ignored him and walked away. He followed you but stumbled and fell to the ground,” read the charge sheet Sowetan has seen.
The sanction was imposed on January 6 and the officers are back on duty.
Ntumba’s family lawyer Rupert Candy described this as “sad and worrying” while Independent Police Investigative Directorate (Ipid) said it was "lenient”.
“This kind of lenient sanctions on members of POP [public order policing] ... are undermining the good work that is done by other members of SAPS out there. The sanction ignores the fact that the actions of these members led to the loss of life of an innocent soul,” said Ipid spokesperson Robbie Raburabu.
Gauteng police spokesperson Cpt Mavela Masondo said the officers were charged with misconduct and all four of them were given final written warnings.
“Currently, all members are back at work after the three members served the two months suspension. Unfortunately, we cannot give out detailed information on the merits of the misconduct as this is between an employer and an employee.”
According to internal documents Sowetan has seen, the sanction added that all four officers should be taken on a compulsory public order policing (POP) refresher course.
“Ipid is concerned about the seemingly lenient sanction meted out on the accused given the fact that an innocent human life has been lost because of their irresponsible actions.
“[The sanction] would go a long way in condoning the culture of impunity among certain police officers when dealing with crowd management. Public order policing members are usually good when dealing with crowd management,” Raburabu said, adding that their hands were tied as this was an internal process.
Mohammed, Motseothata and Kekana were also found guilty of “giving a false statement or evidence in the execution of his or her duties".
Legodi was found guilty of failing “to report an act of misconduct” committed in his presence.
Candy said: “However, the officers were given a slap on the wrist, and, as we understand, are still on duty.”
In July, the four officers were acquitted on murder charges after police failed to track down key state witness Naresh Suredin, a technician.
The family’s hope now lies with a R56m lawsuit against the state.
But the state has filed its leave to appeal the group’s acquittal.
In an affidavit filed in court in October, Gauteng deputy director of public prosecutions Jacobus Serepo said he believed the Supreme Court of Appeal “would find that there were material misdirections on the question of law” in the trial court’s judgment.
He said the court had stated that the state was supposed to have charged other police officers, however, “it is the evidence of the applicant [the state] that there were only four police officers at the crime scene and this aspect was never disputed by the legal representatives of the respondents”.
Sowetan previously reported that three of the four men – Motseothata, Legodi, and Mohammed – had previous brushes with the law, including attempted murder and drunken driving, with some of their cases dating back to 2008.
According to a police profiling, Mohammed was charged with attempted murder in connection with a shooting incident at a farm on the outskirts of Roodepoort, on the West Rand, in November 2008.
However, charges against him were withdrawn due to insufficient evidence.
Almost three years later, Motseothata was charged with reckless and negligent driving in Eersterust, Pretoria, resulting in a pedestrian being injured. But charges against him were withdrawn.
In May 2015, Legodi was arrested for drunken driving twice, but paid an admission of guilt fines.
chabalalaj@sowetan.co.za
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