Former North West top cop's 'torture case' moved to High Court

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Jan Mabula
Jan Mabula
PHOTO: File, Netwerk24
  • A former top cop will head to the High Court to face charges of kidnapping, extortion, and assault.
  • He and others are accused of allegedly using different torture tactics on their victims.
  • A bid for a stay of prosecution was struck off the roll due to a lack of urgency.

The case of alleged kidnapping, assault with intention to cause grievous bodily harm, and extortion against former deputy provincial commissioner of the South African Police Service (SAPS) in the North West, Major-General Jan Ntebo Mabula and others has been transferred to the Gauteng High Court in Johannesburg.

This comes after Mabula, Matome Kgorane, Samuel Sanamela Kutumela, Ismael Dawood, Adam Mahlako Moahloli, Mpikwa Meshack Makhubu, Mfana Patrick Makutu, and Israel Mdluli appeared on charges of kidnapping, assault with the intent to cause grievous bodily harm, and extortion.

They were members of the province's Organised Crime Unit.

"The matter relates to the alleged kidnapping, interrogation and assault of Paul Kgoedi, Serious Mthembi [and] Richard Tlakulane Sebuyi for several hours," National Prosecuting Authority (NPA) spokesperson Sipho Ngwema said in a statement on Friday. 

In addition, the group is also accused of allegedly using different torture tactics against their victims such as:
  • Putting a rubber tube over the face of victims to suffocate them;
  • Tying a motor vehicle safety belt around the neck of victims and strangling and dragging them around with the belt; and
  • Tying victims to a chair, with wrists and ankles restrained, placing a wet cloth over their faces, connecting devices to their bodies and applying an electrical shock, among other things.

Ngwema said that it is also alleged that they intimidated and extorted, "R73 000 and R90 00 from Paul Kgoedi's sister Nomvula Patience Kgoedi, as well as R90 000 from Sebuyi's mother". 

News24 previously reported that an indictment prepared by the NPA and obtained by News24 painted "a glaring picture of an investigation team which allegedly operated outside the law to extract information from their detainees".

READ | Kidnappings, beatings and torture: Prosecution of ex-Hawks general stalls

News24 reported in October that Gauteng Director of Public Prosecutions (DPP) advocate Andrew Chauke's office provisionally withdrew summonses to allow the accused to bring an application to review NPA boss Shamila Batohi's decision to prosecute them.

"On Tuesday, the High Court of South Africa: Gauteng Local Division, Johannesburg struck off the roll for lack of urgency an application brought by the accused for a stay of prosecution pending the outcome of their representation to the National Director of Public Prosecutions," Ngwema concluded.

The matter will be heard on 22 January.

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