Latest news with #KimberleyHighCourt
IOL News
11 hours ago
- IOL News
No R2 million joy for key state witness in murder case
A man who was the only witness in a murder said the SAPS had leaked his details on social media and he now needs R2m from them to relocate to a secret location. Image: File THE high court in Kimberly has turned down an application by a man who wanted SAPS to immediately pay him R2 million so that he can relocate to an undisclosed location. He is the only witness to a murder case and had claimed that his life was now in danger as the police divulged his name and details on social media. The applicant, only identified as KM, asked the Kimberley High Court to declare the alleged conduct of the State to be unlawful and unjust for leaking his personal information and to find the State to be in contravention of his constitutional rights. He said he needed R2 million for his relocation, rental, security and living expenses at a location of his choice, without being subjected to the Witness Protection Programme as he does not trust the state anymore. The applicant wanted a further order allowing him to only communicate with whoever is handling the murder case through Teams or Zoom as he fears that his location might be leaked. He told the court that earlier this month he witnessed the murder of his employer in Kuruman. He subsequently made statements to the police investigating the incident expecting that his personal details would be kept confidential. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ The applicant said he, however, discovered, on his family WhatsApp group, that a confidential internal police communication which contains his name and his address had been leaked. According to him, the communication appears to have found its way to other social media platforms as well. The applicant said a few days after the shooting of his employer, an alleged gangster was also killed. He claimed the latter killing appears to have been connected on social media to the murder he had witnessed, and he now fears for his life. He stated that the police are aware of his new address, but he does not trust that they will keep this confidential in light of the previous leakage of information. The applicant told the court that the Witness Protection Programme is not a viable option for him as it would place him under the control of the very people (the police) who he does not trust and have already failed to protect him. The commander in charge of the incident denies that any private information about the applicant was disclosed by SAPS to the media or on social media. The officer said that during an interview with the applicant he enquired about the latter's safety and had offered him witness protection, which is still available, but which was declined. Judge Cecile Williams said the only reasonable inference to be made from the disclosure of the private police communication is that the leak came from within the police. How it spread to other social media platforms can at this stage only be speculated upon.
IOL News
a day ago
- IOL News
Witness seeks R2 million for relocation after police leak personal details
A man who was the only witness in a murder said the SAPS had leaked his details on social media and he now needs R2m from them to relocate to a secret location. Image: File A man who is the only witness to a murder and who claimed that his life is now in danger as the police have divulged his name and details on social media, turned to court in an urgent bid for the SAPS to immediately pay him R2 million so that he can relocate to an undisclosed location. The applicant, only identified as KM, asked the Kimberley High Court to declare the alleged conduct of the State to be unlawful and unjust for leaking his personal information and to find the State to be in contravention of the constitutional rights of the applicant. He said he needed R2 million for his relocation, rental, security and living expenses at a location of his choice, without being subjected to the Witness Protection Programme as he does not trust the state anymore. The applicant wanted a further order allowing him to only communicate with whoever is handling the murder case through Teams or Zoom as he fears that his location might be leaked. He told the court that earlier this month he witnessed the murder of his employer in Kuruman. He subsequently made statements to the police investigating the incident expecting that his personal details would be kept confidential. The applicant said he, however, discovered, on his family WhatsApp group, that a confidential internal police communication which contains his name and his address had been leaked. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading According to him, the communication appears to have found its way to other social media platforms as well. The applicant said a few days after the shooting of his employer, an alleged gangster was also killed. He claimed the latter killing appears to have been connected on social media to the murder he had witnessed, and he now fears for his life. He stated that the police are aware of his new address, but he does not trust that they will keep this confidential in light of the previous leakage of information. The applicant told the court that the Witness Protection Programme is not a viable option for him as it would place him under the control of the very people (the police) who he does not trust and have already failed to protect him. The commander in charge of the incident denies that any private information about the applicant was disclosed by SAPS to the media or on social media. The officer said that during an interview with the applicant he enquired about the latter's safety and had offered him witness protection, which is still available, but which was declined. Judge Cecile Williams said the only reasonable inference to be made from the disclosure of the private police communication is that the leak came from within the police. How it spread to other social media platforms can at this stage only be speculated upon. The police have failed in their duty to protect the applicant and should at least investigate the source of the leak, she said. She acknowledged that the applicant's fears are real, but she pointed out that the Witness Protection Programme falls under the prosecuting authority and not the SAPS. Thus, if he chose this route, he had nothing to fear from the SAPS, she said in turning down his application.
IOL News
17-05-2025
- IOL News
Former police sergeant's life sentence for rape reduced to 20 years
A former police man who raped a 40 year-old woman has had his life imprisonment sentence reduced. Image: File A former police Sergeant has had his life sentence for rape reduced to 20 years by the Kimberley High Court citing that the cop is capable of rehabilitation. The former cop, Luzoko Wayne Mbayeka, who had been in the SAPS for 16 years, was sentenced by the Regional Court in Kimberley on January 26, 2022, for raping a 40-year-old woman. He came to this court to appeal his conviction and the life imprisonment sentence. The victim said Mbayeka raped her on November 9, 2019 after her aunt asked the former cop to give her niece a lift. The victim said she did not know Mbayeka, but her aunt assured her that it would be safe to travel with him. She said Mbayeka was with his friend Thabo (last name not provided), and he first dropped him off and told her that he had some livestock to attend to in the outskirts of town, and after that, he would take her home. However, she said Mbayeka drove to a shack where he asked her to come with him inside so they could talk. She said that upon entering the shack, Mbayeka pushed her, and she found herself stuck between a bed and the wall of the shack. At this stage Mbayeka helped her to get up and then pushed her on top of the bed where he raped her twice. She said she was helped by the people who had her loud screaming, asking for help, and they came to the shack to knock. She said that when Mbayeka eventually opened the door, she ran out dressed in only her bra, and she fainted. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Defending himself, the former cop said they had drunk together while traveling with his victim, and they both agreed to have sex. He pleaded not guilty. Judge Cecile Williams said the trial court correctly convicted Mbayeka in his two rape charges. Judge Williams said at the time of sentencing, Mbayeka was 45 years old, had a minor child who was two years old, and 11 other minor children. The Judge also said Mbayeka had been living with a woman for six years and had been in custody for over two years. 'The appellant has one previous conviction for driving while his blood alcohol concentration exceeded the legal limit, for which he was sentenced to a fine in 2015. This previous conviction is not relevant for purposes of sentencing,' said Judge Williams. Additionally the Judge said there was no doubt that rape was a repulsive crime and that rape incidents was escalating in the country. However, the trial court erred in over-emphasising the prevalence of the crime at the expense of Mbayeka's favourable personal circumstances. 'The trial court also erred by finding that the fact that appellant (Mbayeka) raped the complainant twice was an aggravating factor,' she added. Moreover, she also said the fact that Mbayeka pleaded not guilty, which led the trial court to believe that he had no remorse for his actions did not mean that he was not capable of being rehabilitated. Judge Williams considered 22 years imprisonment for Mbayeka but took into account that he had already spent two years pre-sentence and said 20 years would be proper.
