Three corrupt cops, who were caught red-handed after soliciting a bribe of R200,000 from taxi bosses in exchange for not arresting them on charges relating to contract killings in the taxi industry, have each been jailed for 15 years.
Durban regional court magistrate Garth Davis earlier this month found Madoda Mhlongo, 56, Siyabonga Mabhida, 51, and Prince Shezi, 50, guilty of corruption after being bust in a “sting operation”.
While they did not testify during the prolonged trial — which began five years ago — they challenged all of the state’s 16 witnesses, especially those who testified about the “sting operation”.
In handing down sentence on Thursday, Davis said there were no substantial and compelling circumstances to deviate from the prescribed minimum sentence as laid down in law.
All three were experienced police officers, warrant officers and a sergeant attached to the taxi violence unit in KwaZulu-Natal.
They were instructed to arrest two suspects in several cases of ongoing contract killings, Nkosinathi Shange and Jabulani Mazibuko.
Shange was the chairperson of the Kwandengezi Zwelibomvu Taxi Owners Association and Mazibuko was a taxi owner and member of the association who reported to Shange.
Shange was shot multiple times at a car wash but died in hospital about 18 months ago.
Evidence before Davis during the trial was that Terrance Mhlongo, a former policeman who was well known to the three on trial, ran a security company that supplied security services to Shange and Mazibuko.
The three accused made contact with him and told him they were “under pressure” to immediately arrest his clients. They demanded R200,000 for their freedom.
Acting on a tip-off, an anti corruption unit from outside the province was brought in and organised “trap money”.
Instead of investigating and arresting known suspects involved in contract killings that are so prevalent in KZN, they were willing to solicit a large corrupt payment to ensure the suspects were safe from arrest
— Garth Davis, Durban regional court magistrate
On March 29 2019, Madoda Mhlongo met the two taxi bosses at Knowles Shopping Centre in Pinetown with “proof” of the warrants of arrest.
Later that day the police officers met Shange at the local Checkers centre and walked straight into a “sting operation”.
The police officers were arrested with the “trap money” as they were fleeing the scene.
Until they were convicted, they were on bail, but on conviction Davis cancelled their bail and they were detained.
They did not testify in mitigation of sentence. However, their lawyers submitted details of their personal circumstances.
Mhlongo, Mabhida and Shezi resigned from the police service following their arrest and are unemployed.
Davis said the case was more serious than many ordinary white-collar crimes.
“The accused were police officers working in one of the most dangerous and lethal spaces, taxi violence, where murders are a regular occurrence in respect of turf wars. Instead of investigating and arresting known suspects involved in contract killings that are so prevalent in KZN, they were willing to solicit a large corrupt payment to ensure the suspects were safe from arrest,” he said.
“They were experienced and senior police officers. This makes their conduct even more serious and egregious.
“Knowing, and it is clear from the document found on accused one (Mhlongo), that the Director of Public Prosecutions had information under oath that Shange had ordered hits, the accused, for their own personal gain and greed were willing to let him remain in society.”
Davis said the fact they are no longer police officers was a mitigating circumstance.
“The removal from an office of trust of a person who has, by dishonesty and greed, demonstrated that she or he is unfit to hold such a position, is a natural consequence of such unfitness. Their resignation is merely a neutral factor.”
He said while their personal circumstances could be described as “generally positive”, as were their prospects of rehabilitation, “the reality remains the offence they have been convicted on is particularly grave”.
“They chose to betray their oath of allegiance to uphold the law and the constitution.
“Police officers who are willing to solicit bribes from taxi bosses in order not to arrest them for paying ‘hitmen” or contract killers is simply beyond the pale. It allows the sponsors of murder to remain on the streets. It also betrays the good memory of good policemen who have been killed investigating taxi violence.”
Davis said society is sick and tired of widespread corruption, ruling there were no substantial and compelling circumstances to deviate from the prescribed sentence of 15 years’ imprisonment.
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