12 hours ago
Effective five years in jail for former policeman who sought a bribe
The Nelspruit specialised commercial crimes court has sentenced former police sergeant Enock Remas Mnisi to eight years' imprisonment for corruption.
The court on Tuesday suspended three years of the sentence for five years, on condition that Mnisi, 39, is not convicted of a similar offence or extortion during the period of his suspension. This means the effective sentence is five years' direct imprisonment.
On November 3 2020, the accused was on duty performing roadblock duties when he stopped a driver who had passengers near Nelspruit.
'Mnisi demanded R20,000 claiming that the complainant was transporting counterfeit goods. The R20,000 was meant to give the complainant the unauthorised privilege of evading arrest or of the impounding of his motor vehicle,' National Prosecuting Authority spokesperson Monica Nyuswa said.
Mnisi negotiated a reduced amount to an extent that he called the complainant's employer demanding the transfer of money to the complainant's bank account. During this period, the driver and the passengers were kept at the holding cells at Ngodwana police station.
'After the complainant's employer transferred the money, Mnisi took the complainant together with his colleague to the nearest ATM and withdrew R4,800. Upon his return with the money, Mnisi released them.'
Mnisi was arrested after the case was reported to the police.
'The senior state advocate, Derrick Mashego, led credible evidence of the complainant, the passengers who testified about how the event unfolded as well as the colleague of the accused who was taken under the pretext that they were going to fix the state vehicle's tyres,' Nyuswa said.
The evidence relating to the cash withdrawal was also presented.
'The court found that Mnisi's evidence was not possibly true and he was convicted of corruption.'
In mitigation of sentence, the defence argued that the court should consider that Mnisi suffered the most as he lost his employment. It said Mnisi was willing to pay back the money.
In aggravation of sentence, Mashego submitted that Mnisi was greedy, gainfully employed as a law enforcement officer and had an obligation to protect the community and abide by the law.
The court said the community expected the courts to deal with cases of this nature by imposing harsher sentences and sending a strong message to would-be offenders.
