High Court affirms 13-year prison sentence for police officers involved in cocaine theft.
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The Gauteng Division of the High Court in Johannesburg has dismissed an appeal by two former South African Police Service (SAPS) officers, reaffirming the convictions and lengthy prison sentences for drug-related offences committed while stationed at one of the country’s busiest airports.
Raesibe Melda Ndukula and Faith Makhosazane Mtambo had sought to overturn both their convictions and 13-year sentences, which were handed down by the Kempton Park Magistrates’ Court in December 2020.
The pair were convicted on charges of possession of cocaine, theft, and defeating the administration of justice.
National Prosecuting Authority (NPA) spokesperson Magaboke Mohlatlole said the case dates back to March 2013 and centres on an incident at OR Tambo International Airport, where the two officers were deployed at the time.
Mohlatlole said a flight attendant, identified as Tshabalala, was travelling on a route between South Africa and São Paulo when she was intercepted by customs officials upon her return.
"Authorities discovered that she was in possession of cocaine, leading to her arrest by officials from the South African Revenue Service (SARS)."
Mohlatlole said the confiscated drugs were subsequently handed over to Ndukula and Mtambo in their capacity as SAPS officers responsible for securing evidence. However, instead of properly safeguarding the seized narcotics, the two officers unlawfully removed and stole a portion of the cocaine.
The State’s case relied heavily on Tshabalala’s testimony, which the court accepted despite her being an accomplice witness.
"Her account was supported by strong circumstantial evidence, including discrepancies in photographic records, unexplained shortages in the quantity of drugs, and procedural irregularities in how the exhibits were handled. These inconsistencies, the court found, pointed to deliberate tampering and theft by the accused," added Mohlatlole.
During sentencing proceedings, Deputy Director of Public Prosecutions Jacob Serepo stressed the gravity of drug-related crimes, particularly when committed within sensitive and high-risk environments such as international airports. He further highlighted the serious breach of trust involved when law enforcement officials abuse their positions.
In its ruling, the High Court found no fault with the trial court’s evaluation of the evidence. It held that the reliance on a single accomplice witness was justified in light of the corroborating circumstantial evidence presented.
The court further ruled that there had been no misdirection in the original proceedings and that the 13-year sentence imposed was appropriate, given the seriousness of the offences and the abuse of police authority.
As a result, the appeal against the conviction and sentence was dismissed in its entirety, leaving the original judgment intact.
The NPA has welcomed the High Court’s decision, describing it as a strong affirmation that corruption and criminal conduct within law enforcement will not be tolerated.
sinenhlanhla.masilela@iol.co.za
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