AfriForum has threatened to pursue every legal avenue after accusing the Independent Police Investigative Directorate (IPID) of stalling a murder case, despite testimony from the late Witness D implicating at least seven police and private security officers.
In a scathing letter written on Thursday, AfriForum’s head of the private prosecution unit, Adv Gerrie Nel, said IPID had failed to act decisively in the investigation into the alleged torture and murder of Emmanuel Mbense in April 2022.
Nel said IPID had not executed its mandate “impartially, independently and free of prejudice.” He added that the Mbense family had received little more than vague assurances for nearly three years.
Recycled updates to victim’s family
“In summary, your office repeated the uninspiring response that the investigation is at ‘an advanced stage’,” Nel wrote. He said the explanation had been repeated both in correspondence and during a December meeting with the family.
At the centre of AfriForum’s complaint is the handling of Witness D, later identified as Marius van der Merwe. He testified under oath at the Madlanga Commission that he participated in Mbense’s torture and the disposal of his body. Van der Merwe identified at least seven individuals. He placed them at the scene, and described their respective roles in the killing.
Nel said IPID’s inaction had left the family “strung along while being given hope that they will receive justice for their loved one’s horrific torture and murder”.
“The failure to act, however, is the aspect that needs clarification. As the ineluctable inference lingers that IPID was unwilling or unable to act,” he wrote.
Witness killed after Madlanga testimony
AfriForum further raised alarm that Van der Merwe was later assassinated. While another suspect linked to the matter was also murdered. According to Nel, IPID was aware of threats to witnesses and investigators. But it still failed to secure suspects or move the case forward.
“IPID’s unwillingness to act against the suspects not only failed our clients but also their … witness,” Nel wrote. He added that police officers were allegedly “afraid to investigate the matter ‘because of safety reasons’ ”.
Nel also criticised IPID for allegedly failing to submit the docket to the National Prosecuting Authority (NPA) for a decision.
“We expected introspection and attempts to address the unfortunate delay,” he said. He added that “the inability persists, as the case docket was not presented to the NPA for decision and possible prosecution”.
AfriForum warned that the delays would not be allowed to pass without consequence.
“The details surrounding the inexplicable delay in arresting the suspects and enrolling this case will not be kept hidden,” Nel wrote. “What remains is that Mbense’s family, our clients, have no idea if or when anyone will be held accountable for their loved one’s brutal torture and murder.”
AfriForum represents victim’s family
Nel added that IPID should stop communicating with the family as they are now legally represented by AfriForum.
“We reiterate our request for an update on the case’s status. And we remind you that the Mbense family is legally represented. All communications should be directed to our office,” he said.
“We deem it appropriate to conclude with the maxim, quis custodiet ipsos custodes? Our interest in this matter will not wane. And our office will do what is necessary to ensure justice for the Mbense family.”
When asked whether they had received Nel’s letter and what their response is, IPID spokesperson Phaladi Shuping repeated what Mbense’s family was told in December.
“Please note that our investigation on the Mbense murder is at an advanced stage. And we will only engage on this matter once we have finalised our investigation,” said Shuping.
