Krejcir’s arresting colonel has a past

2013-12-08 14:00

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Nkosana ‘Killer’ Ximba has a history of torture claims

The police colonel who arrested and interrogated Czech fugitive Radovan Krejcir has a criminal record, a history of torture claims and, according to the police service itself, is unfit to be a policeman.

Krejcir this week told the Palm Ridge Regional Court in Alberton how crime intelligence policeman Colonel Nkosana “Killer” Ximba allegedly tortured him with a Taser and a plastic bag following his arrest.

A 2007 police report in the possession of City Press states that Ximba is “not fit” to be a policeman and that his presence in the force “bodes badly for the future”.

Krejcir, Desai Luphondo and two members of the Hawks – Samuel “Saddam” Maropeng and Machache Nthoroane – are charged with kidnapping and assault.

The court heard during their bail application this week that Luphondo allegedly made a confession to his interrogators after his arrest.

Luphondo claims he was tortured and forced to sign a statement. His advocate, Andre Steenkamp, told the court: “This man was brutalised to get a confession. There must be a shadow falling over the state’s case.”

The state denies any allegations of torture and says that Krejcir has a history of claiming ill-treatment.

Much of the case against Krejcir and his three co-accused could rest on Luphondo’s confession and the torture allegations against the police.

City Press reported last week that Krejcir was arrested by Ximba, one of South Africa’s most controversial policemen, and a close confidant of disgraced and suspended crime intelligence boss Lieutenant General Richard Mdluli.

Ximba was one of Mdluli’s co-accused in the 2011 murder and kidnapping case, but an inquest magistrate found last year that there was insufficient evidence to implicate either of them.

But in September, North Gauteng High Court Judge John Murphy ruled that all criminal charges, including the one of murder, should be immediately reinstated.

City Press has seen police documents about Ximba’s controversial appointment to the SA Police Service and the role Mdluli played in this appointment.

Ximba was a community constable at the Vosloorus Police Station when he and two other policemen allegedly committed murder, assault and kidnapping on Mdluli’s instruction.

Ximba was in 2001 investigated for possessing an unlicensed firearm, but the docket went missing. He resigned from the force in 2005, but applied to be reappointed in 2007.

The documents in our possession show that:

»?In a letter in December 2007, Mdluli – then deputy provincial commissioner of Gauteng – instructed the appointment of Ximba at crime intelligence;

»?Police head office appointed Ximba almost immediately without the consent of the police personnel services;

»?In December 2007, personnel services wrote to the deputy national commissioner, Lieutenant General Magda Stander, and asked for Ximba’s appointment to be overturned;

»?Personnel services said he had a previous criminal conviction for reckless and negligent driving;

»?Personnel services had sent Ximba for a medical examination prior to his appointment, but the doctor refused to attend to him because he was too drunk; and

»?Personnel services said Ximba “has already embarrassed the SAPS” and his re-enlistment “bodes badly for the future”.

City Press is also in possession of an affidavit, dated July 2009, in which a Boksburg businessman, Vusi Msimango, claims he was “brutally tortured” by Ximba.

Msimango and a friend, Victor Khoza, were wrongly suspected of involvement in the hijacking of the official Mercedes-Benz of Gauteng MEC Nomantu Nkomo-Ralehoko in June 2009.

Msimango claimed Ximba and his cohorts made him strip naked, dressed him in a plastic bag and tied his limbs together. They then choked him until he passed out.

Ximba told Msimango he was going to kill him. “I could feel I had soiled myself. There was nothing I could do to escape from their barbaric actions,” said Msimango in his affidavit.

“Every time I was suffocated, I would pass out?…?They continued to kick me with booted feet all over my body.”

Msimango and Khoza claimed they were repeatedly choked and then told they could leave. Ximba’s superior allegedly apologised for the “discomfort” they had suffered.

Msimango and Khoza laid charges against Ximba and the other policemen at what was then the Independent Complaints Directorate.

Ximba was arrested and charged, and spent seven days in prison before being released on bail. The torture case against him fell apart when witnesses failed to appear in court.

Despite the torture allegations against Ximba, Mdluli promoted him from constable to colonel in March 2010.

City Press understands that Msimango and Khoza again came forward in 2011 when the Hawks investigated the Mdluli and Ximba murder case.

Krejcir claimed this week that a plastic bag was placed on his head. “I was blindfolded, cuffed and transported to a remote area?...?I was made to kneel and tortured through electrocution…”

Independent Police Investigative Directorate acting spokesperson Grace Langa confirmed this week that a torture case was being investigated against Ximba and the police.

Police spokesperson Lieutenant General Solomon Makgale did not respond to questions about Ximba and his fitness to be a policeman.

City Press has established that the 40-year-old Ximba is a director of at least seven companies, among them a security company. Earlier this year, Ximba was named as a beneficiary in the controversial R2.1 billion Gold Fields empowerment deal in 2010.

Ximba was also recently implicated in the alleged torture of detained striking mine workers at Marikana.

Crime intelligence sources say he is still in regular contact with Mdluli.

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