The family of EFF deputy president Godrich Gardee’s slain daughter, Hillary, has formally requested that the Madlanga commission summon key witnesses to testify on allegations of police interference in the investigation into Hillary’s murder.
In a letter addressed to the commission’s secretary, the family, through their attorneys, TM Attorneys, called for urgent action after explosive claims made by suspended Mpumalanga police commissioner Lt-Gen Daphney Manamela during a media briefing on Sunday.
“We confirm that we act on behalf of the Gardee family, who are also plaintiffs in civil proceedings currently pending before the High Court of South Africa, Mpumalanga Division, Mbombela under Case No: 5124/2023,” the attorneys said.
The request follows wide-ranging allegations by Manamela, who claimed she was sidelined for acting against corruption within the South African Police Service.
She accused national police commissioner Fannie Masemola of protecting corrupt officers, and alleged interference by former police minister Bheki Cele.
Manamela also claimed there was interference in the investigation into Gardee’s murder.
“During the said briefing, serious and far-reaching allegations were made concerning interference with investigations, obstruction of justice and possible criminal conduct by senior members of the South African Police Service, specifically in relation to the murder of the late Hillary Gardee,” the family said.
According to the letter, the allegations include:
- That Maj-Gen Dorah Xaba allegedly communicated directly with suspect Rassie Nkuna while he was evading arrest
- That she assisted him in evading arrest and misrepresented herself as the investigating officer
- That senior SAPS officials, including Maj Gen Botsotso Moukangwe and Col DJ Malope, interfered with the investigation
- That forensic processes, including DNA handling, were irregular or possibly tampered with
- That there were attempts to undermine or prematurely close the investigation despite incriminating evidence
The family further alleged that Cele summoned members of the investigating team to Pretoria on multiple occasions, raising concerns about executive interference in an active criminal case.
They also pointed to an affidavit by Moukangwe opposing an application to transfer the case to the Hawks despite evidence linking the suspect to the victim.
“The above allegations fall squarely within the mandate of the commission, namely to investigate the functioning or dysfunction within the criminal justice system, allegations of interference in investigations and the role of senior officials in undermining the rule of law,” the family said.
“The Gardee matter is not an isolated incident. It is emblematic of a systemic failure, where a known violent offender remained at large, and law enforcement officials allegedly acted to protect rather than prosecute,” the family said.
They said the allegations have a direct impact on both the criminal case and ongoing civil litigation, including issues of state liability and possible misconduct by officials.
The family has requested that the commission:
- Summon Manamela to testify under oath and present evidence supporting her claims
- Call implicated officials, including Dorah Xaba, Botsotso Moukangwe and DJ Malope
- Obtain the full investigation docket and forensic reports, including DNA chain-of-custody documentation
“The allegations, if proven, disclose conduct that strikes at the heart of the rule of law and the integrity of the criminal justice system,” the family said.
The family said failure to interrogate these issues would not only prejudice the Gardee family but would also undermine public confidence in the administration of justice.
“We accordingly urge the commission to treat this request with the urgency and seriousness it deserves,” the family said.
TimesLIVE
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