‘Killer’ cop death-talk twist

Published Mar 19, 2012

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VUYO MKIZE

W AS the student constable accused of shooting a Soweto teenager last month suicidal? And if so, why was he allowed to carry a semi-automatic rifle during a raid at 16-year-old Thato Mokoka’s shack in Bramfischerville?

These questions were no closer to getting concrete answers on Friday as two high-ranking officers from the Dobsonville police station gave contradictory testimonies about 41-year-old Sipho Mbatha’s mental and emotional condition prior to the raid.

First to testify at the Roodepoort Magistrate’s Court (during Mbatha’s bail application) was Lieutenant Luvuyo Nube, who, apart from other duties, is entrusted to issue firearms to police officers.

Nube told the court that Mbatha had been absent without leave for the previous two shifts before February 13, but had reported for night shift on February 14.

“When we were reporting for night shift, I saw he was wearing a bullet-proof vest but he didn’t have a firearm. I don’t know at which point he was issued with a firearm as that was done without my knowledge. Obviously, he was armed by the person who posted him outside.”

During the night, Nube said he was called by his superior to assist her at a scene where Mbatha had been involved in a shooting.

“From the scene, I had a look at the occurrence book and his (Mbatha’s) name appeared. He had been issued with an R5 assault rifle,” Nube said.

“When I got to the scene, the family were hysterical, I saw my colleague (Mbatha) with his hands on his head sitting there… I didn’t see the firearm. The family were obviously angry. They were accusing (sic) that their child had been killed. Community members started blowing whistles, and more were gathering at the scene.”

Before the incident, Nube said he had spoken to Mbatha to conduct an interview into allegations of his misconduct.

“My colleague had showed me a file record of misconduct against the member. I spoke to him and asked what the problem was, and he said he had family problems. I told him to try being at work like other officers and that he couldn’t just stay home… I also told him to try drink less.

“The member (Mbatha), since I started working with him, showed signs of being unstable… He wasn’t consistent with his work. Also, he was not a person we could rely on.”

Nube said he was told by Lieutenant-Colonel Khethiwe Buthelezi that Mbatha had wanted to kill himself, and when he questioned Mbatha about it, he admitted it and said it was because of his family problems.

However, Buthelezi took to the witness stand after Nube and denied ever telling Nube that Mbatha was suicidal.

“I’ve never received any such information that Mbatha was suicidal. The witness before me is lying,” she told the court.

A copy of the occurrence book read out before court showed that a social worker was called in for a “crisis intervention” for Mbatha. However, according to the social worker’s report, Mbatha had denied being suicidal.

The bail application is set to continue on April 18.

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