After years of stalled investigations into the torture and murder of Emmanuel Mbense, 51, his family has turned to AfriForum’s Private Prosecution Unit for justice following the shocking killing of key Madlanga Commission witness Marius van der Merwe.
In his testimony, Witnees D revealed that Mbense was killed on April 15, 2022 at his home in Brakpan, and his body was discovered the following day in Duduza Dam, Nigel.
The death certificate listed blunt force trauma to the head as the cause of death. For more than three years, his family sought answers from SAPS and IPID, receiving repeated assurances that arrests were imminent, yet little action was taken.
It was only during testimony at the Madlanga Commission that the family learnt the full details of Mbense’s death.
Marius van der Merwe, also known as Witness D, who was recently shot and killed at his home, admitted to participating in the torture, attempting to defeat the ends of justice.
It is revealed that the disclosure left Mbense’s family re-traumatised, learning of the horrific circumstances publicly for the first time.
According to Adv. Gerrie Nel, head of AfriForum’s Private Prosecution Unit, delays and apparent inaction suggest that some law enforcement officials may be shielding the accused from accountability.
Nel criticised the inefficiency and possible complicity of agencies meant to investigate criminal conduct within the police, arguing that the justice system has failed Mbense’s family.
“The delays and inaction suggest that some law enforcement officials may be shielding the accused. The family has been abandoned by the very institutions meant to uphold justice.
Barry Bateman, spokesperson for the unit, also added:
“It is unclear why witnesses who testified publicly were not immediately arrested. The state must ensure all individuals, including law enforcement officers implicated, are treated equally before the law.”
Nhlanhla described his brother as “an anchor in the family, who provided for our mother, siblings, and his five children”, explaining that the family’s decision to approach AfriForum reflects a desperate need for accountability:
“The very institutions we trusted to seek justice have failed us. We are determined to ensure accountability and protect our dignity.”
AfriForum’s Private Prosecution Unit says it has formally requested urgent updates from IPID and will monitor the case to ensure justice is served.
Saturday Star