The Johannesburg High Court has acquitted four police officers on charges of killing Mthokozisi Ntumba during a protest over student’s historical debt in Braamfontein, Johannesburg last year.
Ntumba was hit by a rubber bullet during fees protests by Wits students. He was not part of the protest but instead got caught in the crossfire when he walked out of a doctor’s office. Ntumba died shortly after the shooting incident.
Tshephisho Kekana, 27, Cidraas Motseothatha, 43, Madimetja Legodi, 37, and Victor Mohammed, 51, are now free men after the court dismissed their case.
Acting Judge Mawabo Malangeni said none of the state witnesses could identify either of the accused as the persons who shot and killed Ntumba on 10 March 2021. Malangeni said there was no credible evidence linking the four accused to the fatal shooting of Ntumba.
He said in the video footage played in court, the identity of the officials was unknown and could not be seen clearly as they were wearing masks and in police uniform. He said nobody in the footage identified the alleged shooter, adding that the court could not see any of the officials firing the shots.
“In these proceedings, there is no direct evidence in the form of eyewitnesses or witnesses, I mean to say that there is no person to say he or she saw the accused persons or any of them committing the offences in question,” the judge said.
He questioned why the National Prosecuting Authority (NPA) only charged four officers because there were more officers at the scene.
The judge added: “On the evidence presented by the State in its entirety, there is no credible evidence upon which this court, acting careful, may convict. Fortunately, courts do not base their decisions on public opinions and/or media reports, but on what has been presented before them.”
The four men were found not guilty and discharged on all counts.