The Legal Resources Centre and Richard Spoor Attorneys, who have offered assistance to the family of Sikhosiphi “Bazooka” Rhadebe, murdered chairperson of the Amadiba Crisis Committee (ACC), say they are deeply concerned about the response of the South African Police Services (SAPS) to the investigation surrounding his death.
The Legal Resources Centre and Richard Spoor Attorneys, who have offered assistance to the family of Sikhosiphi “Bazooka” Rhadebe, murdered chairperson of the Amadiba Crisis Committee (ACC), say they are deeply concerned about the response of the South African Police Services (SAPS) to the investigation surrounding his death.
It is believed that Rhadebe was assassinated last week by unknown assailants. The Committee were opponents to proposed mining in the area by an Australian mining company.
In a statement this week, the LRC said, "We do not believe that the SAPS is providing adequate resources to the investigation."
They go on to outline what they call "multiple incidences where investigators have not conducted their investigative functions and have cited transport issues as the reason for not having done so. They have not had any visible forensic capacity at the processing of the body or at the crime scene".
The LRC said they had arranged to have an independent forensic pathologist and an independent ballistics expert form part of the post mortem procedure with the state doctor, as is the family’s right under the Inquests Act.
They continued, "We experienced significant resistance from the Mzamba Police Station. While we had informed the Investigating Officer from Mzamba station of this intention, the post-mortem commenced without our pathologist’s participation on Thursday, 24 March 2016. When we arrived at the scene, the Investigating Officer attempted to persuade our clients that the post-mortem must proceed."
While there were further attempts to keep the independent pathologist away, where the investigating office engaged directly with the family, they say the rights of the family were eventually respected.
The LRC also notes that the hijacked vehicle was released from the Port Shepstone pound without the Hawks having inspected it. They were due to inspect the vehicle with the investigation team. However, they discovered the vehicle was no longer in the possession of the police.
"When we arrived at the Port Shepstone pound, we learned that the vehicle had been released to the owners on 24 March 2016, nearly a week ago, without the Hawks having inspected it. When we conveyed this to the Hawks, they were as surprised as we were that the vehicle had been released."
The LRC and Richard Spoor Attorneys go to say, "We would like to stress that a comprehensive, independent investigation that ensures justice for Mr Rhadebe’s death is required. This requires the proper processing of the crime scene and the hijacked vehicle. The family must be allowed to participate in and monitor the process."
The LRC say that the SAPS has engaged with the Committee to ensure security at the funeral which takes place tomorrow (Saturday) at Mdatya, Amadiba area, Mbizana. A memorial service took place yesterday.
They said that this week, the Department of Mineral Resources announced that a task team will travel to the area to address concerns and “reduce tension", but that they hadn't been contacted by the team.
Last week, just after the murder, the LRC pointed out that during the 116th session of the UN Human Rights Committee in Geneva earlier this month, specific reference had been made to the threats and intimidation of anti-mining activists in Xolobeni.
The Legal Resources Centre had raised the issue of the protection of human rights defenders.
"Arising from this, the Human Rights Committee asked the South African delegation about the steps that have been taken to investigate and prosecute allegations by members of the Xolobeni community," the LRC said.
"The Deputy Minister of Justice, on behalf of the SA delegation, undertook to engage with civil society, including the Legal Resources Centre.
"This issue will again be raised before the African Commission on Human and Peoples’ Rights, at which South Africa is scheduled to present its state report next month."
Queries to the SAPS from Grocott's Mail about both the alleged intervention in the post mortem and the early release of the vehicle from the SAPS were referred to the Hawks. No response from the Hawks had been received at the time of going to press.
