JMPD officials suspended after death of EFF councillor in Alex during protest to occupy containers

An armoured security vehicle burnt to ashes stands at the site of government-owned container flats in Alexandra township.

The vehicle was allegedly torched by angry residents on Wednesday evening while chasing private security companies that have been guarding the flats. 

This is where EFF PR councillor Moshe Mphahlele was fatally shot during a scuffle between law enforcement and residents on Sunday.

His death and the alleged contamination of the crime scene prompted MMC for public safety Mgcini Tshwaku to suspend JMPD officials who were part of the operation when the councillor died. 

Mphahlele was gunned down during a community protest as he was trying to help residents who were evicted from the Johannesburg Social Housing Company-owned (Joshco) owned flats. 

Residents who occupied the flats for almost a year were initially evicted in February with some of them erecting makeshift shacks a few metres across the road saying they didn't have anywhere to go. 

At the time, Joshco hired a private security company to guard the flats and stop residents from reoccupying them. 

One of the community leaders who had been staying in a shack, Palesa Nkoma, who is pregnant, was among the protesters who were allegedly shot at with rubber bullets and told TimesLIVE of having to endure winter without anywhere to go.

“Most of us are from Alexandra and we don't have anywhere to go. Our homes are just one-roomed houses and you find that we stay with our parents and siblings and going back won't help us,” she said. 

She said during winter she had to endure the cold and heavy rains with only her mattress to survive. 

Apparently, more than 50 people were staying at the container flats until February. While some built shacks most chose to leave the area.

“We have been to court. During this almost six-month period, a child was even burnt in one of those shacks,” she said.

Another resident, Tsori Ngubelani from Alexandra, said that after being evicted he went back home. He said it was not an ideal situation because he had to live in a cramped house with his siblings and he couldn't stand the cold weather. 

“We were fine staying there even though there was no electricity, but they came and evicted us,” he said. 

MMC Tshwaku said the statement gathered in this case shows that Mphahlele had a peaceful engagement with JMPD and the private security companies that were on site, and there was no aggression. 

He said the deceased EFF councillor had a meeting with residents before they went to the flats to conduct an oversight. He added that the councillor intended to help the residents and find an amicable way to solve the problem and establish if the houses were being vandalised as alleged. 

He said according to the statements taken, private security companies threw stun grenades at peaceful protesters which caused confusion and mayhem.

“The statement indicated that JMPD stood behind the private security and allowed them to discharge the stun grenades and shoot rubber bullets at the protesters, and close to 10 individuals sustained injuries. 

“Two individuals were shot with live ammunition; one of them was Mphahlele, who died that day, and another one was a young boy who was shot close to his heart,” he said. 

Autopsy report

He said the autopsy report shows that Mphahlele was first shot with a rubber bullet, which grazed him in his head and left him confused and dizzy. 

He then ran behind a security guard's house, climbed on the transformer at the back, jumped over the boundary wall to escape the bullets and fell on the street, still bleeding.

“He bled to death on his way to the clinic and it was discovered that he was shot with live ammunition. A young man was shot also at close range; he was shot close to his heart, but he survived,” said Tshwaku. 

He said other residents sustained rubber bullet injuries but were later discharged, including a pregnant woman. 

“There are leads we have as per Ipid and the undercover unit working on this issue. It has been treated as the highest priority in my office and we want to assure the family and his colleagues [Mphahlele] who want accountability.” 

Suspension 

He said the way that JMPD and private security companies discharge rubber bullets, even firing at a pregnant woman, was a clear indication of the lack of accountability and negligence on the side of JMPD.

“It was not clear why JMPD allowed private security to take charge of the scene and use excessive force such as stun grenades and rubber bullets and shoot at peaceful protesters.

“What is so worrying is that the officers left without securing the scene, which led to contamination of the scene.”

He said the Independent Police Investigative Directorate (Ipid) was investigating the incident but there was resistance to co-operate from JMPD officials on the scene.

“After interaction with the Ipid yesterday [Wednesday] it was clear that there has been a lack of co-operation between our officers in terms of handing over the guns and also being questioned,” he said. 

“All those who have dropped the ball, the heads will roll. The heads must roll. Letters have been sent and are being processed by the city manager. There was an urgent meeting [calling for] all the superintendents that were there — both in the region and the one that was on-site with the team — to be suspended with immediate effect and they must all go to Ipid,” he said.

Allocation of container flats

Tshwaku said he called on the MMC for housing in the city to to ensure the flats were allocated to the people.

He said JMPD officials from the Tactical response unit will guard the flats until the housing department allocates them. He said they had been standing empty since the Covid-19 epidemic had ended. 

One of the community leaders, Harry Modiba, said what surprised them was that when they initially went to occupy flats, they met with resistance from private security guards.

However, residents managed to occupy the flats and stayed there for almost a year until they were evicted in February. 

“On Sunday, we went inside and sat, but when the JMPD came here, they approached the security, not us, and after that, security started to shoot us. That is surprising,” he said.

He added there was a time before the eviction when an official allegedly from Joshco visited the area and asked for their IDs.

If people had homes, they wouldn't make makeshift shacks and brave the cold weather, he said. 

“The list we did [include] the same people who started to occupy this place. We have the list, and we know each other. We are still going to add other people on the very same list, not Joshco coming here to tell us to leave.”

TimesLIVE