Family fumes after death in custody of Vlakfontein murder accused

It is still unclear who will bear the cost of transporting the body of murder accused Ernest Mabaso from Cape Town back to his hometown of Mbombela in Mpumalanga.

The 27-year-old, who stood accused of murdering a family of seven in Vlakfontein, south of Johannesburg, reportedly committed suicide in a Cape Town holding cell this month.

Lawyer William Sekgatja, who was representing Mabaso in the murder trial, on Tuesday told the Protea Magistrate’s Court that his client’s family were concerned about the logistics of retrieving the body.

"They say no one has arranged those logistics," said Sekgatja, cross-examining the investigating officer in the matter. "So does the cost of fetching the body of the deceased lie on the family or on the state?"

Investigating officer Banele Ndlovu replied: "It is difficult for me to say who will be responsible, but I am assuming that we must work hand-in-hand as the family and as the state." 

Police had transported Mabaso from Krugersdorp prison, where he had been held, to Cape Town as part of their investigation. 

Mabaso was found dead in the police holding cell shortly after his arrival at the Western Cape facility.

On Monday, Mabaso's father Joseph told the Sowetan that he was angered and hurt that police were yet to inform him of his son's death, which he first heard about on the news last week on Thursday.

"I found out on the day he was supposed to go back to court for his case that he was dead. I called the investigating officer and asked what happened to my son. He told me that they would be sending police officials to notify me," said Joseph, adding that he had not spoken to his son since his arrest in October.

Ndlovu was questioned about the police notification of Mabaso's family on Tuesday.

"I have been receiving calls from the family saying they have not been properly informed of the death of their son," said Sekgatja.

"Yes, they have. They were informed last Thursday," answered Ndlovu.

"So you are saying the SAPS went to the family?" continued Sekgatja.

"I received a phone call from them asking and I confirmed what they were asking," replied Ndlovu.

"So they were informed telephonically. Was that a humane way of informing them?" Sekgatja probed further.

"No, but I tried my best to explain this to those who are superior to me," answered Ndlovu.

Ndlovu told the court that following the death of Mabaso, he did not oppose the court continuing with the bail application by Mabaso's co-accused, Fita Khupe.

The 61-year-old Khupe, who was involved in a romantic relationship with one of the Khoza family members who were found dead and buried under piles of sand in their home, has denied any involvement in their killing.

However, Khupe's now deceased co-accused, Mabaso, had alleged that Khupe had recruited him to carry out the crime.

The pair faced seven counts of murder, while Mabaso faced three additional counts of rape.

Mabaso reportedly infiltrated the family back in July 2017, claiming to be a long-lost relative named Sibusiso Khoza. He said this had been part of an elaborate plot forged by Khupe.

The matter continues.