Three of the four police officers who are accused of aiding alleged underground illegal mining kingpin James Neo Tshoaeli, commonly known as Tiger, to escape from lawful police custody will be conducting their own defence when their trial begins.
This was revealed by National Prosecuting Authority North West spokesperson Sivenathi Gunya.
Gunya said WO Jack Motlhabya (37), WO Menzi Shabalala (38) and Sgt Ntutuko Dladla (40) will represent themselves in the case and the state will provide them with copies of the dockets.
Gunya said Sgt Samkelo Mbotho (38) will be represented by a private attorney.
Return to court
The four accused return to the Stilfontein Magistrate’s Court on Tuesday after their previous appearance on October 24. The matter was postponed for Mbotho to finalise the process of getting an attorney.
Gunya said the state is ready to set a trial date.
The four accused were arrested in January in connection with the escape of Tshoaeli from police custody in Stilfontein, North West. They were granted R1 000 bail each during their first court appearance in January. They are charged with defeating the ends of justice and aiding a prisoner to escape.
Meanwhile, national police spokesperson Brig Athlenda Mathe said investigations into finding Tshoaeli, who is a Lesotho national, are still ongoing. Mathe said the South African Police Service (SAPS) has instituted disciplinary proceedings against the four police officers.
“This internal departmental process is being conducted in terms of the SAPS disciplinary regulations, 2016, and remains a matter between the employer and the employees concerned,” said Mathe.
When asked if the SAPS is paying Mbotho’s legal bills for a private attorney, Mathe said: “Any accused person is entitled to legal representation. In instances where an accused is unable to afford private legal representation, the state will provide one.”
Top level cross-border meeting
Meanwhile, in August, national commissioner of police Gen Fannie Masemola and his Lesotho counterpart Adv Borotho Matsoso had a meeting in Maseru, Lesotho.
Mathe said two items were on the agenda of their meeting, and they are “claims of illegal Basotho military camps in South Africa and returning South Africa-linked firearms back to South Africa”.
In January, Tshoaeli was among hundreds of illegal miners extracted by a government operation from shaft 11 of the disused Buffelsfontein gold mine in Stilfontein.
Vanished into thin air
Tshoaeli escaped, with the alleged help of police officers, between shaft 11 and the Stilfontein Police Station holding cells on January 15.
According to police records, Tshoaeli was not booked into any of the stations where some illegal miners were being kept. He was also not admitted to a local hospital for medical care like other rescued miners.
Police said Tshoaeli is accused in several statements as one of the ring leaders who controlled operations underground. He is also allegedly responsible for some deaths, assault and torture, and is alleged to have kept away food from fellow illegal miners
underground.
Body count
The extraction operation retrieved 246 illegal miners alive who were holed underground and 78 dead miners. Of the 246 living illegal miners who were retrieved, 33 were admitted to hospital.
North West health department spokesperson Tshegofatso Mothibedi said only 25 of the 78 dead bodies were identified and released to family members. The families are from Mozambique, Lesotho and Zimbabwe.
Mothibedi said 53 of the 78 dead bodies which were not claimed by family members for about five months, were buried in mass burials between June and August in the City of Matlosana, North West.
