The SAPS and SANDF appear to be colluding to shield two army generals from murder prosecution

AfriForum’s Private Prosecution Unit has asked the police to explain why two of the country’s most senior army generals have not been arrested and charged, despite explicit instructions from a prosecutor for this to be done. It is a blatant case of selective prosecution designed to protect suspects within the highest echelons of the South African National Defence Force (SANDF) – conduct the unit will not allow to happen unchallenged.

The case involves two men, Sibusiso Phetla (39) and Jerome Lebaka (41), who were kidnapped on 13 February this year, and presumably murdered on the alleged instructions of SANDF generals. The pair of suspects has been identified by an eyewitness and directly linked to the case but have inexplicably not been arrested.

On Monday 29 August soldiers Sinovuyo Botha, Aviwe Dosi and Sindile Ncomelo appeared in the Pretoria Magistrate’s Court charged with the kidnapping and assault of Phetla and Lebaka. The matter was postponed to 19 September for the disclosure of the docket to the accused.

The prosecutor informed the court that specific instructions were given to the investigating officer that he must obtain warning statements from the two generals and that they must be arrested and added as accused in the case. But these instructions have been ignored. The prosecutor further informed the court that the SANDF were being uncooperative in the investigation. It is understood that the scene in Magasyn Street in Salvokop, where the crime is said to have taken place, has not been visited by police investigators.

Adv. Gerrie Nel, Head of AfriForum’s Private Prosecution Unit, has filed a formal complaint with the SAPS. “To date, neither of the two generals have been arrested and brought to court to appear as accused persons, nor has the investigator complied with numerous instructions from the prosecutor. A generous interpretation of the situation is that the investigator is disinterested or incapable of performing his duties and following simple instructions from the prosecutor. However, a further irresistible inference is tenable that there is collusion between the SAPS and the SANDF to shield the two generals from criminal prosecution,” says Nel.

Background

Phetla’s mother, Mirriam Phetla, approached AfriForum’s Private Prosecution Unit for help when the generals were not added as accused, and it appeared the three accused were being used as scapegoats to shield the top brass from prosecution.

In her complaint to the unit, Mirriam said that she was approached by a man who is now a state witness, and who described to her the moments leading up to her son and his friend’s disappearance. She says she was told how her son and two others got lost and ended up in Salvokop where they were approached by several soldiers, including two generals, who are believed to live in the area. Mirriam alleges that shots were fired, and her son and Lebaka were subsequently assaulted, allegedly on the instruction of the generals.

Mirriam says the witness managed to leave the area, but without her son and the other man. This was the last time they were seen alive.

Plea

In his letter to the SAPS, Nel implored police management to act swiftly before parties implicated in a very serious crime are let off the hook. “The investigation is clearly incomplete because of the aforesaid conduct of the investigating officer. This questionable conduct of the investigating officer has forced the prosecutor to postpone the matter to 19 September 2022 for discovery, despite the outstanding investigation of two generals of the SANDF. We trust you will agree that our client’s interests are being trampled upon by the blatant disregard of work ethics by the investigating officer and his superior, therefore, we respectfully request your assistance to ensure that the case be dealt with expeditiously and proficiently,” wrote Nel.