By Somaya Stockenstroom
SOUTH AFRICA – A law expert has slammed the Muldesdrift police for not arresting a farmer who allegedly shot and killed his Zimbabwean employee, Sizo Moyo, while Justice Minister Jeff Radebe has expressed “shock” at the matter.
Lawyer Lucien Pierce says if a crime is alleged to have been committed and the police are made aware of it, an arrest must be made.
“Once this is done, the prosecuting authority will decide whether to proceed with prosecution or withdraw charges. The gun would normally be taken as evidence when the suspect is arrested,” says Pierce.
Last month Sunday World reported that farmer David Kories allegedly killed Moyo, who was his gardener. Moyo was reportedly praying in an open veld in Muldersdrift, West Rand, when he was killed.
After pleading “self-defence” with the local police and handing over his gun, Kories was not arrested.
Adds Pierce: “The prosecuting authority would assess the plea or (the) defence of self-defence and decide whether to proceed with the prosecution or withdraw charges.”
Radebe’s spokesman Mthunzi Mhaga says: “It is quite disturbing that said farmer has not been arrested. We would expect any person who causes the death of another to be arrested. I assume police are investigating so [that] they [can] have a strong case.”
The Food and Allied Workers Union (Fawu) has vowed to pursue Moyo’s case.
Fawu general secretary Katishi Masemola says: “The farmer – guilty or not – should have been humane enough to at least bury this man. We are aware of farmers employing foreigners and violating their rights and underpaying them.”
But police spokesman Nevile Malila says the case is still under review.
“The docket was discussed with the state prosecutor who said that the investigation must be completed and then the docket will be presented for a decision. Post mortem and ballistic reports are still outstanding,” says Malila.
The SA Communist Party in the area, which blew the whistle on the “cover up” organised a march of more than 100 residents to the Muldersdrift police station last Sunday to highlight the case.
“We have white policemen here who are related to farm owners who abuse black workers. Some of them are still hellbent on perpetuating the apartheid system,” says SACP district secretary Moreotsenye Diteko. Sunday World
