Court delays sentencing for former crime intelligence officer linked to ANC scandal

The Durban Magistrate's Court expressed its displeasure after the sentencing of a former crime intelligence officer, convicted of defeating the ends of justice, was postponed for the second time.

The officer, Thulani Obed Thango, who was based at Bhekithemba police station, was found guilty in September of assisting former ANC councillor Mthokozisi Nojiyeza evade arrest from the Political Killings Task Team (PKTT) in 2018.

Thango was scheduled for sentencing on Tuesday morning. The previous sentencing date, November 27, had to be postponed because the probation officer, Thabile Mbuyazi, declined to compile the pre-sentence report.

During the court proceedings on Tuesday, senior prosecutor Nkululeko Msiya informed the court that a pre-sentence report, completed by a new probation officer, was received on Monday.

He confirmed that the report was forwarded to Thango's representative, advocate Peter Nortje, and a copy was provided to the court on Tuesday morning.

Msiya stated: "We were of the view that the matter could proceed today. However, I was approached by my learned colleague asking for the matter to be remanded to Thursday."

Magistrate Jackie Jonck appeared unimpressed by Nortje's request for a postponement, which was based on his claim of receiving the pre-sentence report late on Monday and thus being unprepared.

Jonck argued that the only new information in the report was the probation officer's recommendation for Thango's imprisonment, suggesting that Nortje should have been prepared with the rest of the case.

"The court is not happy at all; this matter needs to be finalised. No further remands would be allowed," the magistrate declared before granting the postponement.

Msiya further revealed that the probation officer had been in an accident and was heavily pregnant and regarded as a high risk.

Magistrate Jonck stood the matter down to allow Msiya to check with the probation officer on when she would be available. 

Msiya then disclosed that the new probation officer had been in an accident, was heavily pregnant, and considered high-risk. Magistrate Jonck briefly stood the matter down to allow Msiya to confirm the officer's availability.

"If she is not available on Thursday, I want the matter finalised next week," Jonck emphasised. Msiya returned to confirm that the probation officer would be available late next week, and all parties agreed to proceed with the sentencing then. Thango, who remains out on bail, was accompanied by his wife.

Lunga Peter, Thango's co-accused and Nojiyeza's lawyer, died during the trial.

Background of the Case:

The incident stems from December 21, 2018, when the PKTT issued a warrant for Nojiyeza's arrest for the murder of Mthokozisi Maphumulo, an ANC councillor in Umlazi. Thango and Peter helped Nojiyeza avoid arrest for a short period.

The task team eventually found Nojiyeza hidden in Peter's Audi TT in the Durban Central police station parking lot. This was after Peter had misled the team, claiming Nojiyeza was en route to the station to surrender.

While the PKTT waited with Peter for Nojiyeza's supposed arrival with a mayor’s convoy, they spotted Constable Ayanda Gumede, assigned to guard Nojiyeza, walking toward the station's parking lot.

Upon questioning, Constable Gumede revealed he was dropped off by Thango, who instructed him to steal the black Audi TT belonging to attorney Peter.

Peter had earlier told the task team he arrived at the police station via a Taxify. Nojiyeza was eventually discharged in the murder case of Maphumulo.

nomonde.zondi@inl.co.za