Daveyton cop claims he was assaulted

One of the police officers implicated in the death of a Daveyton taxi driver was assaulted by the driver before his arrest, the Benoni Magistrate's Court heard on Friday.

Elias Tshole, for Thamsanqa Ncema, 35, read out his client's affidavit in court.

In it, Ncema alleged that Mozambican taxi driver Mido Macia, 27, was blocking the road with his taxi on February 26.

"I asked him to move and he insulted me and told me I am a useless cop," Ncema said.

Ncema claimed Macia grabbed a fellow officer's gun and pointed it at them.

He later handed it back and Warrant Officer Meshack Malele, 45, went to call for backup.

Macia's driver's licence was taken and he then "tussled" with Ncema, after he asked to get it back.

Ncema said Macia was arrested after backup arrived and was taken to the police station.

"I was caught by surprise to be told that the person had died, as he has never complained about any injuries," Ncema said.

Ncema and Malele, along with Motome Walter Ramatlou, Percy Mnisi, 26, Bongumusa Mdluli, 25, Sipho Ngobeni, 30, Lungisa Ewababa, 31, Bongani Kolisi, 27, and Linda Sololo, 56, appeared in court for their bail application.

Mnisi said in an affidavit that he assisted Ncema after he received a call for backup.

Mdluli said when he arrived at the scene, members of the public were throwing objects at the police.

He also saw "someone" at the back of a police bakkie and rushed to tell the driver.

Ewababa said he was at the steering wheel of the bakkie and began to drive after a window was broken in the commotion.

He only realised Macia was at the back after being told by Mdluli.

He said officers put Macia into the vehicle and he drove Macia to the station.

Sololo said he had a previous case pending, where he was charged with defeating the ends of justice. He is currently out on bail for that case.

He said he suffered from hypertension and had to take medication for it.

Ramatlou took the witness stand in court and denied the allegations levelled at him. He said he had taken sick leave after the incident.

He said he handed himself to police on Friday morning and was then arrested and charged.

He used his own petrol to drive from Limpopo to hand himself in.

Prosecutor December Mthimunye asked him whether he took sick leave immediately after the incident.

Ramatlou said he took leave on March 4 and went to Limpopo. He also attended a funeral while he was there.

He said he only found out on Thursday that he was wanted in connection with the death.

Mthimunye said it was convenient for Ramatlou to take sick leave and to not be aware that he was wanted, even though the incident was public knowledge.

Ramatlou said he handed in his application for sick leave on Friday, the day of his arrest.

"Your employers were not even aware you were off sick," Mthimunye said.

The nine were charged with the murder of Macia.

Macia was allegedly tied to the back of a police van and dragged along a street in Daveyton on February 26.

An eyewitness filmed the assault.

Macia was found dead in the local police station's holding cells several hours later.

A post mortem revealed that he had died of head and internal injuries.