NPA won't prosecute police in Moss Phakoe murder

2017-02-14 16:03
Moss Phakoe's son celebrates after his father's killers were found guilty of his murder. (Herman Verwey, City Press, file)

Moss Phakoe's son celebrates after his father's killers were found guilty of his murder. (Herman Verwey, City Press, file)

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Johannesburg - Police officers will not be charged with corruption and or defeating the ends of justice in relation to the murder of North West anti-corruption activist Moss Phakoe, the National Prosecutions Authority (NPA) said.

Phakoe was shot and killed outside his home in March 2009, two days after submitting a dossier containing evidence of corruption in the Rustenburg municipality.

Former Rustenburg mayor Matthew Wolmarans and his bodyguard Enoch Matshaba successfully challenged their conviction for the murder in 2013 at the Supreme Court of Appeals after key State witness, Emmanuel Masoka, recanted his evidence.

In a letter to Cosatu's deputy secretary general Solly Phetoe the NPA's National Director of Public Prosecutions Shaun Abrahams said there is no reasonable prospect of a successful prosecution of members of SAPS.

"...I agree with the decision of the director of public prosecutions, North West, not to prosecute any of the South African Police Service members accused of corruption and/or defeating the ends of justice," Abrahams said.

Abrahams said there is "absolutely no reasonable prospect of a successful prosecution".

Instead the NPA will charge Masoka, who shared a police cell with Wolmarans while awaiting trial at the time of the Phakoe trial, with perjury.

Who killed Moses Phakoe?

Masoka had implicated Wolmarans in the murder, but later recanted his testimony in an affidavit claiming that police had offered him money and to drop a theft case they had against him if he said that Wolmarans had confessed to Phakoe's murder to him.

This led to calls that police face bribery and corruption charges. However Abrahams said Masoka is dishonest and unreliable.

"Masoka has proven himself to be a dishonest and unreliable person and in the absence of some tangible and objective evidence, the prosecution is bound not to succeed," Abrahams said.

Eight years after Phakoe's murder his family continues to call for justice to be served.

Phetoe, who has been relentless in his efforts for Phakoe's murders to be brought to book, told News24 he was disappointed it took so long for the NPA to decide not to charge the police.

"We are disappointed with the conduct of the NPA, we still want answers on who killed Moss Phakoe," Phetoe said.

He maintains that the murder was political and remains hopeful that the perjury case will shed more light on it.

"That man charged with perjury, he must explain why he lied to the court, who gave him money to lie; and hopefully with that evidence the case will start afresh," Phetoe said.

Read more on:    police  |  npa  |  crime

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