By Johnathan Paoli
The three-year investigation into the alleged unlawful seizure of a truck and goods worth more than R1 million at Putfontein in February 2023 has stalled because a key witness fears being killed by police.
This was according to the testimony of the Independent Police Investigative Directorate’s (IPID) assistant director for investigations, Thulani Magagula, at the Madlanga Commission on Friday.
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Magagula said the case against two EMPD officers, Aiden McKenzie and Kershia Leigh Stols, had become stagnant despite a prima facie case of misconduct and potential criminality arising from the Putfontein incident.
“Currently [the witness] is afraid. I don’t want to lie. I communicate with him. He says he’s afraid of the police. The question will be, ‘Hey, Magagula, you know the police, they will kill me.’ so currently, it is stagnant; it is not moving,” Magagula testified.
The incident centres on a raid on a plot in Putfontein on 8 February 2023, when two EMPD officers and a civilian allegedly seized stock valued at more than R1 million, along with a truck and trailer.
The civilian was identified as the owner of a private security company, Titan Security, Etienne van der Walt.
According to Magagula, the original complaint was lodged with the EMPD, which assisted the complainant to open a case.
“From the way it goes, EMPD was aware of this matter because they are the ones who assisted the complainant to open the case,” he said.
He added that the initial statement taken by EMPD was not in full detail and required further unpacking to allow prosecutors to prefer appropriate charges.
Reading from his statement, Magagula told the commission that the complainant, a Malawian national and transport businessman, was hired by a Zimbabwean national to load and transport goods.
When EMPD arrived, the owner of the truck was allegedly handcuffed, contradicting officers’ later claims that suspects had fled.
“The complainant later arrived and observed his truck being driven away. He contacted a female EMPD officer escorting the truck, during which an argument occurred telephonically,” Magagula said.
The truck was never properly booked into an EMPD pound, Magagula testified, and when it was later found, parts and diesel had allegedly been stolen.
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Under questioning from commissioner Sesi Baloyi, Magagula confirmed that IPID’s investigation identified multiple potential offences.
“The charges that you can draw in that matter, the fraud will be there, misrepresentation, and then there is corruption. It also amounts to theft,” he said.
Baloyi expressed concern that IPID recommendations merely called for disciplinary proceedings without specifying charges, potentially allowing municipalities to pursue minimal action.
Magagula conceded that the municipal disciplinary framework was “very, very difficult” compared with SAPS processes.
A point of contention was the use of a SAPS 299 form to release the seized goods, a document Magagula said EMPD members were not authorised to use.
“SAPS 299 is a South African police register. It is not used by EMPD,” he testified, adding that its presence in the docket suggested serious procedural breaches.
Despite these findings, Magagula said IPID had not yet made a formal recommendation to EMPD because its standard operating procedures require investigations to be completed before reports are signed off.
This drew criticism from commission chairman, Justice Mbuyiseli Madlanga, who warned that delays risked justice being derailed.
“Memory fades, documents go missing, people pass on in the process,” Madlanga said.
The chair noted that one of the implicated officers had already retired.
Pressed on whether IPID’s own rules were flawed, Magagula eventually agreed, acknowledging that there were weaknesses affecting investigations.
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Baloyi echoed the concern, warning that officers could “walk scot-free” if disciplinary action was indefinitely tied to criminal investigations.
Magagula acknowledged the risk, telling the commission he accepted that IPID might be “unduly constraining itself”.
The commission continues.
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