Members of the South African Police Service (SAPS) have come under fire after allegedly kicking out the grieving family of a nine-year-old girl who died in a crash involving soccer star Shaune Mogaila during his court appearance last week.
The shocking incident unfolded at the Tembisa Magistrate’s Court on November 6, leaving the grieving family humiliated and questioning whether the justice system truly serves victims or protects the powerful.
Mogaila, a winger for Sekhukhune United, is accused of killing nine-year-old Gomolemo Mavimbela on October 30, 2024, when his car allegedly collided with her mother Keo Mavimbela’s vehicle on Andrew Mapheto Road in Tembisa. The crash also left Thando Khethiwa, the son of Keo’s friend, critically injured. Mogaila allegedly fled the scene but later handed himself over to police, and was subsequently granted R20,000 bail.
Officers told the victim's father, Tshepo Kekana, and aunt, Florah Mathipa, to leave the courtroom while Mogaila's supporters were permitted to stay, according to Barry Bateman of AfriForum's Private Prosecution Unit, which represents the Mavimbela and Khethiwa family.
Bateman said the case exposes the deep flaws within South Africa’s justice system and the blatant bias shown towards the accused over victims.
He revealed that Gomolemo’s mother had turned to the unit months ago out of fear that Mogaila was being afforded preferential treatment because of his public profile.
“It is unconscionable that a person accused of killing a child is allowed to have supporters in court, while the parents and relatives of the child are denied the ability to witness the administration of justice,” Bateman said.
He added that the system appears to bend over backwards to serve the accused while sidelining the rights and needs of victims of crime.
Bateman said the unit “stands firm against this kind of injustice” and will be taking the matter up with authorities to ensure accountability.
He further revealed that the sergeant who removed Gomolemo’s family from the courtroom justified his actions by claiming he was in charge and that this was his method of controlling access to the court.
“The Tembisa Magistrates Courts appear to be closed to the public, with only accused persons, their supporters, and legal representatives allowed into courtrooms when their cases are called. The police’s conduct means that all cases that are supposed to heard in open court are being heard in camera. It is deeply concerning that this arrangement appears to have the tacit approval of other players in the criminal justice system,” said Bateman.
Kekana also revealed that this was not the first time he and his family have been treated like this at the Tembisa Magistrates Court.
“It’s not good because I’m a victim of crime, and I am not allowed in court. They’ve postponed the matter again, but if there wasn’t someone inside, how was I supposed to know that? I just wish that the law can take its course and then we get closure on this matter,” he said.
The case has been transferred to the regional court, and Mogaila will appear again on November 17.
The National Prosecuting Authority (NPA) has condemned the alleged treatment of the Mavimbela family, calling it “disheartening” that relatives of the nine-year-old crash victim were reportedly denied access to court during proceedings involving soccer star Shaune Mogaila.
NPA spokesperson for the Gauteng Local Division Johannesburg, Phindi Mjonondwane, said the matter was deeply concerning and called for a full account from the SAPS.
“It is disheartening to hear that the family was denied access by members of the SAPS, to the hearing wherein they are directly affected, and we believe SAPS is in a better position to respond to these allegations,” she said.
Mjonondwane extended an apology to the family and assured that the NPA would look into the matter.
She said the authority would “establish the circumstances surrounding the alleged incident as, under normal circumstances, the family should have been granted preferential access if the court room was filled to capacity,” she added.
She further advised the family to approach the resident prosecutor or senior public prosecutor for intervention should a similar situation arise in future.
The Star
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