Cape Town - A Cape Town police sergeant has been sentenced to an effective six years’ imprisonment in the Bellville Commercial Crimes Court.
Detective Sergeant Denwin Jantjies from Eerste River was convicted on charges of fraud and contravening Section 18(1)(a) of the Prevention and Combating of Corrupt Activities Act 12 of 2004 (Precca).
The court sentenced him to five years’ imprisonment for fraud and three years’ imprisonment for corruption.
It was ordered that two years of the corruption charge run concurrently with the fraud charge.
The court also conducted a confiscation order on March 23, to the value of R 4 000, which the accused was paid.
According to evidence before the court, Mandlakayise Mathe, Siyabulela Mbengashe and Siyasonga Jacob were arrested by law enforcement officials in Maitland for the possession of drugs on August 27, 2015.
Jacob was found in possession of drugs while Mathe was found in possession of R7 960.
Jantjies, who was allocated the case, told his commander about the case and that drugs were only found on Jacob.
The commander instructed him to get statements from the two other suspects who were not found to be in possession of the drugs and release them from custody.
Instead, Jantjies demanded R2 000 from each for their release.
As Mathe and Mbengashe were collecting their belongings booked in at the police station, Jantjies took R4 000 and gave Mathe R3 960.
State prosecutor in the matter, advocate Kelebogile K Lesie-Shale, told the court Mathe and Mbengashe later discovered they were not required by law to pay money to be released from custody.
They filed a complaint and an investigation was launched.
“The accused [Jantjies] received gratification for releasing Mathe and Mbengashe, in contravention of his duty to uphold the law and release them without receiving payment,” Lesie-Shale submitted.
The court also heard a constable on standby duty, Lizwi Ntengeshe, at Maitland police station on the day of the arrest made statements claiming he was present when Jantjies handed back the released suspects’ property, including the money.
Ntengeshe also stated he was present when Jantjies interviewed the two men and he saw Jantjies counting Mathe’s money, handing it to one of them and it being signed for.
However, two days later he recanted and stated that Jantjies had influenced him to provide a false statement.
He stated that Jantjies told him he would not get into trouble as it was “just a statement”.
“He never conducted any one-on-one interview with any of the persons arrested. He did not witness the handing over of the property by the accused to the persons at Maitland police station,” Lesie-Shale told the court.
Director of Public Prosecutions, advocate Nicolette Bell, welcomed the sentencing and said it sends a very strong message that the courts will not shy away from holding to account those entrusted with upholding the law.