Investigator tells Madlanga commission she withheld affidavit to protect slain witness

For three years Nomsa Masuku, a senior investigator with the Independent Police Investigative Directorate (Ipid), withheld an affidavit by slain security company owner Marius van der Merwe in which he implicates several police officers in the murder of a crime suspect.

Masuku, lead investigator in the murder of Emmanuel Mbhense in April 2022, told the Madlanga commission their inquiries took more than three years to complete because of threats to officers and to protect Van der Merwe.

Mbhense was killed after police and security officials visited his house on April 14 2022 to question him about stolen goods.

Apart from Van der Merwe, identified as witness D at the commission, three of the 12 suspects in the case have since died, including police informant Jaco Hanekom and Wiandre Pretorius.

Four police officers, including former reservist Alexander Fritz, were also implicated.

Van der Merwe was on the scene when Mbhense was tortured and killed. He tendered information to the Independent Police Investigative Directorate (Ipid) weeks later.

Ekurhuleni Metro Police Department (EMPD) officers Aiden McKenzie and Kershia Leigh Stols were also implicated in the murder. Their boss, EMPD deputy chief Julius Mkhwanazi, faces allegations of covering up the murder including that he allegedly advised Van der Merwe to dispose of Mbhense’s body in a dam.

Masuku told the commission that, had she known EMPD head Isaac Mapiyeye and former EMPD deputy chief Revo Spies would testify about the murder case, which led to Van der Merwe’s testimony, she would have tried to stop them or ask that the evidence to be given in camera.

“I was protecting Marius [van der Merwe]. I did not want him to come [before the commission],” she said.

Masuku said Van der Merwe had warned her the suspects were “dangerous” and that investigators had to back off for months when Van der Merwe warned they were progressing too quickly and could face harm.

Masuku said the suspects had not known about Van der Merwe’s evidence until he testified at the commission in November. He was assassinated on December 5.

During their testimony at the commission, Mapiyeye and Spies had complained about delays in the murder case. Masuku said it was because they had not been briefed by Ipid because of the sensitivity of the case.

“They [Mapiyeye and Spies] should have called me to say we are intending to go to the commission regarding this [Mbhense case]. I was going to be forced to show to them the investigation is at this level,” she said.

“He [Van der Merwe] gave me his statement in 2022, but I never told anyone. For it [the case] to be announced, it was very painful.

“If I had powers I was going to come to the commission to say, ‘Please I am pleading with you, can I give this information on the side, not on this kind of a platform.’ Because I was protecting Marius, I did not want him to come.”

Masuku said she was also concerned about Mbhense’s family finding out about the grim details of his “painful death”.

“Knowing Marius that he can talk, I was worried for the family to hear the full details of what transpired on the day of the incident.”

Masuku said testimony at the commission has created an impression that Ipid is corrupt and is protecting the police officers.

“We are not corrupt; it is just that we are overworked. That is why the investigation is going very slowly. It is difficult for one member to carry more than 400 dockets,” she said.

Her colleague Thulani Magagula testified that he is responsible for more than 700 cases.

Masuku said that during the Mbhense murder investigation her car was shot at, and in a previous investigation against a police officer her son was shot and sustained injuries that have left him reliant on a wheelchair.

The investigation has been completed and Ipid submitted a report to the National Prosecuting Authority on February 4 for a decision on whether to prosecute eight suspects.

Masuku said more suspects could be added to the case.