By Johnathan Paoli
IPID investigator Nomsa Masuku told the Madlanga Commission on Thursday that her office only learnt of Emmanuel Mbhense’s alleged extrajudicial killing weeks after he died.
That delay, she said, hampered the police watchdog’s opportunity to secure key evidence and forced investigators to reconstruct events long after the scene had been lost.
“SAPS knew of the murder hours after it happened but did not notify IPID,” said Masuku, while being led in evidence by Advocate Mahlape Sello, SC.
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“Had this been reported on time, it would have saved time. I had to close the gaps.”
She added: “Even if I got it after two days, it was too late.”
By the time IPID became involved, Mbhense had already been buried, she said.
The commission has previously heard testimony that alleged criminal Mbhense was killed in mid-April 2022 after police, Ekurhuleni metro police and private-security figures visited his home in Brakpan to question him about allegedly stolen goods.
He was allegedly tortured and murdered by some of the officers, who then dumped his body in a dam on the instructions of since-suspended Ekurhuleni metro police deputy chief, Julius Mkhwanazi.
Masuku testified that the case rested heavily on vehicle-tracking records from the SAPS Automatic Vehicle Location (AVL) tracker, and a sworn account from Ekurhuleni private security company owner Marius van der Merwe, which she said implicated the individuals.
Van der Merwe was assassinated in December, just weeks after testifying about Mbhense’s murder at the commission, as Witness D.
Masuku said she was able to identify a single police vehicle parked at Mbhense’s home between the late hours of 14 April and the early hours of 15 April 2022.
The vehicle was a BMW 3 Series linked to SAPS reservist Alexander “Zander” Fritz.
“I managed to find that this car was driven by him as a reservist, but he was driving alone. He didn’t have a crew with him,” Masuku testified.
The tracking data placed the vehicle stationary at the property for more than two hours during the period when Mbhense was reported missing.
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However, she told the commission she could not track EMPD vehicles.
Masuku said she was approached in August 2022 by a Hawks captain who said a man (Witness D) wanted to speak about a crime he had witnessed in Brakpan.
According to Masuku, an initial meeting was abandoned due to “suspicious activity” in the area of the meeting.
They eventually met on 30 September 2022 in Pretoria, where Van der Merwe provided a sworn statement describing the torture and killing of Mbhense.
She told the commission that Van der Merwe described how Mbhense was tortured by “two SAPS officers and one white male” before his body was dumped.
Masuku said Van der Merwe portrayed himself as present but not physically participating in the assault.
A reconstruction of the crime scene was conducted in November 2022, during which Van der Merwe pointed out key locations.
She testified that she believed there was sufficient evidence to arrest Fritz, given that his vehicle was tracked to the scene and he was named by the witness.
She said she and her team approached the Nigel court, where both a senior public prosecutor and the chief prosecutor advised that it was “too early” to make an arrest.
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Masuku then referred the matter to the Director of Public Prosecutions (DPP) in November 2022, submitting a complete docket, including the post-mortem report, AVL tracking data, sworn witness statements, and duty registers.
The DPP, she testified, indicated that securing a conviction would be difficult if the case relied on a single witness who was himself implicated in the crime, and instructed IPID to conduct further investigations.
Masuku proceeded to read into the record the names of suspects she submitted to the National Prosecuting Authority:
– suspended EMPD deputy chief Julius Mkhwanazi
– EMPD officer Kersha-Leigh Stolls
– EMPD officer Aiden McKenzie
– Brakpan SAPS Bhekokwakhe Sibande
– Brakpan Constable Raymond Khoza
– SAPS informer Jaco Hanekom
– former SAPS reservist Alexander “Zander” Fritz
– SAPS reservist Wiandre Pretorius
– SAPS Flying Squad officer Juan-Mare Eksteen
– Ghostguard Defensive Strategies owner Kobus Janse van Rensburg
– Titan Security owner Etienne van der Walt
– QRF Task Team owner and former Witness D, Marius “Vlam” van der Merwe
Masuku acknowledged that despite four of the accused (Khoza, Hanekom, van der Merwe and Pretorious) having all passed away, she remained confident in the strength of the docket her team had prepared for trial.
“Unfortunately, some of them died. We had 12, then 4 died, including the recent one, Mr Pretorious, now we have 8. And they all died because of shooting. I know there will be questions, but it was worth it to investigate it fully. Our dockets are ready for trial,” Masuku said.
In his statement, Fritz confirmed he was at the scene but denied seeing a victim.
“He arrived, yes, at the premises, but according to him, he didn’t see anyone,” she testified.
She added that Fritz claimed he only saw colleagues “busy working” and later returned to the deceased’s home days after the murder under the guise of private security work.
The investigation, Masuku said, remains incomplete pending outstanding directives and statements.
The commission continues.
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