12 years a convict, jailed without guilt proved
‘IBEG judges, prosecutors and police to be completely sure before jailing people. You can’t sentence someone without evidence proving their guilt.”
These were the words of Lefa Bakane, who has just been released from Zonderwater prison in Pretoria following a Supreme Court of Appeal (SCA) setting aside his murder and robbery convictions and life sentence last week.
“The accused is found not guilty and discharged on both counts,” ruled Judge Connie Mocumie in her appeal judgment, delivered 12 years since Bakane was jailed.
Police arrested Bakane and four others after Johannes Albertus Maré, a shop owner, was found dead in his Timsrand, Pretoria, home in June 2004. He had been strangled with a piece of curtain.
Judge Natu Ranchod found the men guilty in the North Gauteng High Court in 2009 and jailed them for life. They maintained their innocence throughout trial, during which they did not receive bail.
Following an appeal by Legal Aid on Bakane’s behalf, Judge Mocumie found that Judge Ranchod erred in his judgment. He convicted Bakane “in the absence of any cogent evidence”, said Judge Mocumie.
State prosecution relied on a statement of admission police maintained Bakane made following arrest. This was marked as exhibit H in court. Bakane’s defence maintained police invented contents of exhibit H and forced him to sign it. Furthermore, police assaulted Bakane.
Judge Mocumie said despite the trial court finding that police assaulted Bakane, “it surprisingly admitted exhibit H on the basis that it was made voluntarily”.
The judge found that the State presented no other evidence implicating Bakane.
She said the State “failed to present evidence to prove that the jacket, woollen cap and knife found in the veld next to the deceased’s house, belonged to (Bakane)”.
“It seems that no tests were conducted on these items in order to link them to the appellant and his co-accused…
“The conclusion is compelling that, absent the admis- sions, there was no evidence on which the trial court could convict (Bakane).”
Speaking to The Star from his home in Free State yesterday, Bakane said he was released last Wednesday, a day after Judge Mocumie’s ruling.
“Officials called me to the office and told me I’m free. I was very surprised and excited,” he said. “I still can’t believe I’m out of prison.”
Bakane said he sought legal help because he did not kill or rob Maré.
“I was always 120% sure I’m innocent. They (prosecutors) presented no evidence against me in court.
“My fingerprints were taken, but not presented in court. My name has been ruined. The community doesn’t trust me now.”
Bakane worked at a Pretoria factory at the time of his arrest, and is rebuilding his life. Now 37, he was just 24 when arrested.
His child was only 4-yearsold when he went to jail. “I used to do everything for myself and my child. Now it’s like I’m back to being a child again because I’ve returned home. This experience is painful.
“I’m angry (at the justice system) because I spent so many years in jail for nothing.”
Derrick Mdluli, from the Justice for Prisoners and Detainees Trust, said thousands of people are languishing in the country’s jails for crimes they did not commit.
“Some of these cases are later overturned by high courts or the SCA. It shows that as NGOs we need to do something to assist these people.”
Nathi Mncube, a Justice Department spokesperson, told The Star the courts were not immune from making mistakes. However, those convicted always have a chance to appeal, he said.
“The system was created to have hierarchy of the courts so that when mistakes happen, they can be corrected. It’s the same judicial system that’s corrected itself (in Bakane’s matter),” said Mncube.
Those convicted may also avoid being in jail for many years while appealing.
“Once you’ve been convicted and sentenced you can apply for bail if you want to appeal. The court can grant you bail depending on circumstances,” Mncube said.
Bakane is just one of several inmates freed by the SCA and high courts this year and in previous years after wrongful imprisonment.
Msobomvu Qhinga, an Eastern Cape man, was freed last month after eight years. The SCA found that the Bhisho High Court convicted him for four counts of robbery and two of attempted murder without any implicating evidence.
Lucky Shange from KwaNdengezi in Durban, was freed in May after 17 years at Westville Prison for murder. Judge Carole Lewis concluded that his trial was not fair and set aside the conviction and sentence.
Cedric Shezi, who had served 10 years of his life sentence for the rape of his daughter, was released last year. The daughter recanted her evidence against him.
In 2015, Thembekile Molaudzi walked out of Kgosi Mampuru prison after 11 years in jail for a murder he did not commit.