The lack of due diligence and appetite for investigating criminal matters in this country is the true crime. When all is said and done, the families of the victims are left suffering twice because perpetrators are often not linked to crimes owing to poor evidence gathering skills, pressure leading to wrongful arrests and frankly, incompetence.
South Africans have come to accept that crime scenes are seldom well-cordoned and scrutinised, the chain of evidence thoroughly followed and successful prosecution secured. Ours is a crime-ridden country with no capacity and relevant skills necessary to solve crime.
Last week, Tsholofelo Poo had to watch the Pretoria high court sitting in Benoni acquit the man who was accused of the kidnap, rape, murder and mutilation of her four-year-old child, Bokgabo.
After months of attending the case with the community coming in large numbers to support the family, the court could not be satisfied that Ntokozo Zikhali, 31, was the person who committed the heinous crime.
Little Bokgabo disappeared in October 2022. After an extensive search, her body was found in two locations with some body parts still missing.
Zikhali could not be linked by DNA, and his rights were not adequately explained to him after his arrest. He had alleged police assaulted him to force him into a false confession and pointing-out exercise. He said he had co-operated because of the pressure that was on him. The opposite is also correct. Police seem to have made a rushed arrest because of the community outcry and protests. The mother blamed the investigating officer and held that had he done his job thoroughly and the state prosecutor not rushed to go to trial without further investigations, they would have had justice for Bokgabo.
The battle is far from being won because the police service is exactly that — a service, and not a force that is well-equipped and adequately staffed.
What was evident in following the Bokgabo case is that the investigation was botched, therefore the untangling might prove even more difficult for the new team assigned to the murder.
Bokgabo’s mother told TimesLIVE that she had been informed a new investigating team had been assigned to probe the murder of her daughter after Zikhali’s acquittal.
But speaking to TimesLIVE Premium, AfriForum, who are helping Bokgabo’s family find answers, have clarified that regardless of what is found, Zikhali cannot be charged again for this crime.
This means the breakdown between the arrest stage, investigation and prosecution is an exercise in futility for the families that look to the system for justice.
The battle is far from being won because the police service is exactly that — a service, and not a force that is well-equipped and adequately staffed.
Police minister Bheki Cele revealed in parliament recently that across nearly all provinces, there is a shortage of detectives. The worst-affected province is the North West, with a 32% shortage, followed by the Northern Cape, with 25.94%, the Western Cape, 24.34%, the Free State, 23.76%, KwaZulu-Natal, 23.31%, the Eastern Cape, 10.61%, and Gauteng, 5.26%.
In the Senzo Meyiwa case, the investigation was not secured as the judge in the matter, Ratha Mokgoatlheng, rightfully expressed disbelief that no gun residue was tested from all those who were present on the day the footballer was shot dead on October 26 2014. A simple, yet important step, overlooked.
In hindsight, the killing spree of serial killer Rosemary Ndlovu was curtailed because one police Sgt Keshi Mabunda was determined to build a watertight case against her and he investigated the matter in the most creative and relentless manner. We even learnt that he risked his own life and his family’s lives to expose Ndlovu. By the time the matter was handed to the prosecuting authority, the groundwork was done, half the battle won.
But how can we expect investigating officers to discharge their duties when they are understaffed and overworked? It also has a ripple effect with what we see unfolding in courts when prosecutors pursue suspects.
Unless there is investment in the police fraternity and an intent to groom capable investigators, we are far from solving crimes and will continue to see families cry, communities revolt and the integrity of the police in tatters.
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