Magistrate blasts State’s ‘weak’ case, grants bail to Mashatile’s VIP Protection Unit officers

Some of the eight VIP Protection Unit officers at the Sandton Police Station on Sunday, 22 July 2023, where they were charged with assaulting four people on the N1 in Johannesburg. (Photo: Leon Sadiki)

By Michelle Banda

1 Aug 2023

Eight members of Deputy President Paul Mashatile’s VIP security team who are accused of assaulting motorists on a Johannesburg highway were each granted R10,000 bail on Tuesday – despite the magistrate expressing concerns over their aggression and abuse of power. Her ruling was based on the State evidence before her, which she said was weak.

‘The State’s case against the eight accused of assaulting motorists on the Gauteng highway is ‘weak and frail’, it was put on the court roll prematurely,” Randburg Magistrates’ Court magistrate Hlengiwe Mkhabisi said on Tuesday when the eight VIP Protection Unit officers charged with assaulting four people on the N1 in Johannesburg appeared in court for further bail hearing.

They were granted fixed bail of R10,000 each on condition that they do not intimidate or try to contact the State witnesses in any way.

In supporting affidavits to be granted bail, filed last week, the accused said they could afford at least R1,000 each.

Mashatile's VIP officers Some of the eight accused VIP Protection Unit members in the Randburg Magistrates' Court on 24 July 2023. (Photo: Gallo Images / Papi Morake)

They had been in police custody – on 12 charges including malicious damage to property, assault with the intent to do grievous bodily harm, pointing a firearm, reckless or negligent driving and an attempt to defeat or obstruct the administration of justice – after handing themselves over to the Independent Police Investigative Directorate on 23 July 2023.

Read more in Daily Maverick: We were protecting SA’s second-most important citizen, says Mashatile protection officer in highway assault case

Mkhabisi expressed concern about the accused’s aggression and abuse of power, as seen in a video clip of the incident:

“We as a community can never trust the accused or applicants that they will protect our interests. They allegedly brutally attacked the complainants and were not aware that their actions were being captured by a concerned, law-abiding citizen. They were daring and did not attempt to hide their identity. The bravado displayed by the applicants is impunity… Common sense should have prevailed that there was no threat or risk to the deputy president’s convoy. Should the accused have spoken to the complainants without being aggressive or using force they would have known the occupants of the Polo Vivo vehicle were military trainees.”

cop highway assault Some of the eight VIP Protection Unit officers at the Sandton Police Station on Sunday, 22 July 2023, where they were charged with assaulting four people on the N1 in Johannesburg. (Photo: Leon Sadiki)

Mkhabisi added it would be unjust to keep the accused in custody based on the State’s speculation and having not established what role each of the accused played through the identification parade or determining who sent a threatening message to Anton Koen, the security expert who first shared the video clip.

Read more in Daily Maverick: Mashatile’s VIP protection unit members in highway assault case must remove masks – magistrate

If the State had done a thorough investigation, she continued, maybe there would have been a ruling.

“Based on the evidence presented by the State, it is this court’s finding that the State failed to place evidence that demonstrated that the interests of justice do not permit the release of the applicants on bail. The State has failed to do an identification parade to determine the role of each of the accused. It also failed to link the accused as the persons behind the threatening and intimidating message that Mr Koen received. Even the investigating officer stated in his affidavit that he was not able to trace the sender of the message because a burner phone was used to send the message. Therefore, the court will fix bail on behalf of the accused, taking into account that the charges that the applicants are facing are serious and should they be convicted they face a lengthy term of imprisonment.”

The accused are: Shadrack Molekatlane Kojana, Johannes Matome Mampuru, Posmo Joseph Mofokeng, Harmans Madumetja Ramokhonami, Phineas Molefo Boshielo, Churchill Mpakamaseni Mkhize, Lesiba Aggrie Ramabu and Moses Fhatuwani Tshidada.The case has been postponed until 27 September 2023. DM

Timeline of events:

2 July 2023, around 4 pm – Assault incident happens on N1 between Johannesburg and Pretoria and is reported by VIP unit members to convoy leader Lieutenant-Colonel Shange. It is registered at 11.45 pm the same day, with some of the details omitted from the report, particularly the assault.

3 July 2023, evening – Video of the assault captured by a witness who wants to remain anonymous goes viral after being shared by Anton Philipus Jacobus Koen on Facebook.

4 July 2023 – Ipid and SAPS begin investigation to track down the VIP unit in the video and the victims. Mashatile’s office confirms members of his protection unit were involved.

5 July 2023 – SA National Defence Union confirms that the victims are SANDF members and one is a member of the union. SAPS confirms that a case against the officers attached to Mashatile’s security unit has been opened. Ipid conducts interviews with the victims and SAPS members.

5 July 2023 – Koen receives a threatening message on his cellphone via SMS, which reads as follows: “Good day Mr Koen, we do not take kind (sic) to the footage that you supplied the media. You have made a lot of enemies in specialised units. We will deal with you…”

10 July 2023 – The officers are placed on suspension with full pay.

23 July 2023 – The officers hand themselves over to Ipid.

24 July 2023 – The officers make their first appearance in court for a bail application.

26 July 2023 – The officers make a second appearance in court to continue their bail application.

27 July 2023 – The case is postponed to 1 August 2023.

1 August 2023 - The officers are granted R10 000 bail.

Also See the report by Carte Blanche. here: DM

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