Apartheid cops can go on trial

IN A victory for the family of ANC operative Nokuthula Simelane, the Pretoria High Court has ordered police to pay the legal costs of the three ex-security policemen accused of her murder.

This ruling will pave the way for the case to go to trial and for the family to get closure.

Simelane was allegedly abducted in the parking area of the Carlton Centre in Joburg more than 34 years ago – and never seen again

Judge Cynthia Pretorius found the police were biased and followed unfair procedure in their refusal to pay for the legal fees in the upcoming murder trial of Willem Coetzee, Anton Pretorius and Frederick Mong. “The process was not impartial. There is thus a reasonable suspicion of bias against the three.”

They turned to court after the police refused to pay their legal costs in the criminal trial. Simelane’s sister, Thembisile Nkadimeng, joined the proceedings and supported the application for the police to pay the legal fees, as the family wanted the trial to proceed and justice to be done.

Judge Pretorius said the state machinery had throughout dismally failed the deceased and her family.

The delay in bringing the matter to trial had lasted for decades, she said. Since the indictment of the three applicants, the matter was postponed four times to resolve the legal aid issue.

“It would be in the public interest if this trial commences as soon as possible to ensure justice for the applicants, the fourth respondent (Nkadimeng) and her family and society.”

Judge Pretorius said the trial has already been unduly delayed because of the legal fees issue. The police had refused the application of the three to pay their legal fees in May 2016. This followed their arrests in February 2016 over the alleged murder of Simelane in 1983. Each were released on R5 000 bail.

It is claimed that while in the employ of the then South African Police, they murdered Simelane, 23, an underground ANC operative. She was kidnapped and detained at a safe premises, where she was tortured and assaulted for weeks.

The three said this was done on the instructions of their commanding officers, as they wanted to recruit her as a security branch agent.

“She was treated in the most reprehensible, inhumane manner while in custody of these members… The applicants said they dropped her off at the Swaziland border after she agreed to assist the security branch. She was never seen again.

“To date her family doesn’t know what happened to her or where her body is.”

The three were granted amnesty by the TRC for kidnapping.

In refusing the application, the police said the three had exceeded their powers of duty, that it would be against State and public interest to grant legal assistance, and that the State was the complainant in this case. The police also argued that should they be convicted, it would be difficult to recover the money from them. If they were cashstrapped, they should apply for legal aid, it said.

But Judge Pretorius said the three were South African Police members in 1983 and under their commander’s instructions and, as such, they qualified for legal assistance.