Soldier accused of Majola violence to sue SAPS

An Eastern Cape soldier who was arrested and charged with murder, attempted murder and arson is preparing to sue the SAPS for defamation and unlawful arrest.

Police last week issued a statement that a soldier had been arrested, and was facing one count each of murder, attempted murder and arson.

Now police have, because of some queries in their docket, set free the military man they had arrested on suspicion of being the instigator of the Majola violence and bloodbath.

The 57-year-old SANDF soldier was released twice without having appeared before a magistrate.

The man, who is attached to the 14 South African Infantry Battalion near Mthatha, was arrested on January 24 in the Mthatha CBD by a task team established by provincial police commissioner Lt-gen Nomthetheleli Mene.

According to police, he was due to appear in the Port St Johns magistrate’s court on January 26.

Some residents went to court to get a view of the suspect allegedly involved in the mass killings and arsons in Majola, but he never appeared and there was no explanation.

Provincial police spokesperson Warrant Officer Majola Nkohli on Tuesday confirmed to the Dispatch that the suspect had been released.

“The suspect has been released [without having appeared in court],” Nkohli said, without giving further details.

“The case was not enrolled at court and the matter is being discussed with the National Prosecuting Authority.”

The soldier is back at home and work, but he himself is unsure whether the police still intend to continue with the charges.

His private attorney, Odwa Manitshana, of Manitshana Attorneys in Mthatha, said there had been no word from the police and NPA, but added that his client did not appear before a magistrate due to queries found by the prosecutor in the police docket.

On January 26, the day he was due for his first appearance in the Port St Johns magistrate’s court, faction fighting among villagers in Majola erupted again, with another 20 homesteads torched in the early hours.

The attack, believed to have started at Siphusiphu, spread to the nearby village of Bhuje.

The attack took place two days after the soldier’s arrest in Mthatha.

The man was released on January 26 because his 48-hour detention period was about to lapse and his lawyer said detaining him for another day would have amounted to wrongful arrest.

Manitshana said he was asked to bring the soldier back to court on Friday January 27 to be charged, but again he did not appear, as his name was not called.

He said he and his client then left the court without the prosecutor and police saying anything to them.

“We really do not know what they are up to,” he said.

“My client was detained for two days. We are suing the SAPS for defamation of character and unlawful arrest,” Manitshana said.

“They have lowered his dignity, and created a perception among his community and workplace that he is a criminal involved in the bloody Majola violence.”

He said he had received instructions from his client to launch the lawsuit against the police.