Murder charges against Newcastle CPF members sparks community uproar

Four members of the Newcastle Community Policing Forum (CPF) are facing murder charges, leaving numerous community members up in arms. Are these men victims of a calculated attack by corrupt individuals, or are they truly murderers? This troubling question now casts a shadow over the heads of Ismaeel Dhalech, the Newcastle CPF Chairperson, along with Ebrahim Adams, Mahomed Ashraf, and Yaseen Mohamed.

On Monday, 23 September 2024, it was revealed that the four men had been taken into custody by the police.

The gravity of the accusations sparked an outpouring of support from community members, who rallied behind the accused, offering comfort and standing in solidarity.

Providing insight into the complex case that has now led to the arrest of these four local crime fighters, Newcastle SAPS spokesperson Lizzy Arumugam shared critical details. She explained that their arrests stemmed from their alleged involvement in a murder nearly two years ago. “On 25 December 2022, ambulance services responded to a call in Bird Street, where a 26-year-old man was found brutally beaten, lying naked in an open field,” she revealed. The victim, who was later identified by his mother, had suffered severe injuries and tragically died while being transported to the hospital from the Newcastle Police Station.

Arumugam further elaborated on the case’s early challenges: “Despite a thorough investigation led by Warrant Officer Henning De Meyer, no clear leads initially emerged regarding the circumstances surrounding the victim’s death.” However, in August 2024, she explained that a breakthrough occurred when an informant presented key information that significantly advanced the case. Arumugam stated that armed with this new evidence, authorities obtained a court-authorised warrant, leading to the arrest of the four suspects on 23 September 2024.

The arrests were part of a coordinated effort involving Lieutenant Colonel Oberholzer, Warrant Officer De Meyer, Sergeant Molotshwa, Sergeant ST Mbatha, and Constable Kunene.

In light of the situation, it is important to highlight that the four accused had responded to a burglary in progress on Lincoln Street, where the deceased, Khulekani Hlatshwayo, was reportedly discovered on the roof of the house he was allegedly attempting to break into. After being found on the roof, Hlatshwayo reportedly climbed down and attempted to flee. It is said that a group of crime fighters, local residents, and the four accused chased him down, allegedly assaulting him and leaving him to die.

Their first appearance at Newcastle Courts on Wednesday, 25 September 2024, was marked by a palpable sense of unease. A tense atmosphere permeated the courtroom as the four men entered the dock to begin their bail application. Family members, friends, and community supporters gathered, their faces filled with concern and worry, as they anxiously awaited the proceedings.

Presiding over the case was Magistrate Vernita Mundell, who found herself overseeing a legal battle that saw both the defence and prosecution bracing for a fight. However, the initial proceedings were off to a rocky start. From the outset, the defence team made it clear that they opposed bail and requested a postponement of the application until Friday, 27 September 2024, citing the need to gather further information.

Investigating Officer De Meyer, it was explained, was still conducting investigations and collecting more details on the case. This prompted the presiding magistrate to question why additional information was necessary, especially given that the alleged crime occurred in December 2022.

With a determination to secure justice for their clients, the defence attorneys, Allen Kelly for Dhalech and Ashraf, and Zubair Chothia for Adams and Mohamed, presented their case as to why the four men deserved bail.

Kelly and Chothia pointed to the immense challenges their clients faced in custody, arguing that their safety was at serious risk. As members of the Community Policing Forum (CPF), the four men had been instrumental in arresting numerous suspects who were currently awaiting trial. Sending them to correctional facilities, they argued, would jeopardise their lives. “There is a real threat to their lives,” Chothia warned, as he and Kelly urged the court to grant bail and keep the accused in the Newcastle SAPS holding cells, rather than transferring them to a correctional facility.

The defence team further revealed that on Tuesday, 22 September 2024, the four accused had allegedly been denied food under the instruction of the Investigating Officer. Their families, attempting to uphold the men’s religious rights by providing halaal meals, were reportedly turned away. This apparent disregard for their religious rights heightened the tension surrounding the case.

With the prosecuting team requesting additional time to gather more information, Magistrate Vernita Mundell postponed the case until Friday, 27 September 2024. However, she ruled that the four men would remain in police custody for their own safety and permitted their families to bring food to them.

The first court appearance had already set the stage for an intense legal battle, but as the proceedings for the bail application on Friday approached, tensions reached new heights.

Family members and friends packed the courtroom early, hoping to witness the outcome of the bail hearing. Arriving as early as 9 am, many were left waiting anxiously as other suspects were brought before the court, delaying the bail application for Dhalech, Adams, Ashraf, and Mohamed. The four men remained in the holding cells for hours, while their supporters questioned why the process was taking so long.

Tensions escalated further when the court adjourned for a tea break shortly after 11 am. Supporters were then informed at 11:30 am that the bail application would only begin at 2 pm, much to their frustration.

As the clock neared 2 pm, the prosecution and defence team reconvened. The accused returned to the dock, their expressions mirroring the tension felt by their family and friends. Just as Magistrate Mundell was about to resume the proceedings, an unexpected disruption occurred—a whistle sounded, and a court officer announced that a fire drill was in progress. Everyone was instructed to vacate the courtroom and stand outside. This sudden development left both the magistrate and the attorneys visibly surprised, further adding to the frustrations that had been building around the case.

As the crowd filed out of the courtroom, the sense of strain only deepened, with the delay amplifying the already high-stakes atmosphere of the day’s proceedings.

In the searing heat, supporters, court officials, and police officers stood by, watching as firefighters entered the premises to conduct their fire drill. Meanwhile, Dhalech, Adams, Ashraf, and Mohamed were placed in the back of a police vehicle. When everyone returned to the courthouse nearly 30 minutes later, the pressing question on people’s minds was clear: “Would the bail application be finalised before the courts closed at 4 pm?”

To add to the growing tension, a source stated that the fire drill had been scheduled as far back as January 2024. This left supporters questioning why the case had been postponed until 2 pm, knowing that the fire drill was planned for the same time.

Nevertheless, as Chothia and Kelly launched into their defence, reading affidavits outlining why their clients deserved bail, they emphasised that the four accused had been fully cooperative with the South African Police Service (SAPS) and the investigation. The defence highlighted that the men were not only upstanding citizens but had contributed significantly to combating crime and the rampant drug abuse plaguing the town. It was further underscored that all four accused had medical conditions requiring constant lifesaving medication, which would not be readily available in prison cells. Additionally, their religious dietary needs would not be adequately met, and their lives would be in danger due to the numerous criminals they had helped put behind bars who might seek revenge.

Despite these arguments, the Prosecutor firmly demanded that the accused be transferred to Waterval Correctional Services, where other suspects facing similar charges were held.

The Prosecutor assured the court that the accused’s medical conditions, dietary requirements, and safety would be taken into consideration, and they would be placed in cells separate from the general inmate population.

As the four men prepared to plead not guilty, further information was brought to light. The defence team revealed that at the time of the arrests, the Investigating Officer had allegedly offered Ashraf and his family the services of another law firm, where his son worked, claiming that the attorneys at his son’s firm could “solve the problem quickly.”

The Prosecution added more fuel to the fire, alleging that the accused had not only assaulted the deceased but had transported him to a house on Bird Street, where they beat him further. It was also claimed that they had handcuffed the deceased and continued to assault him at the residence. There was reportedly video footage of the attack, captured by a witness’s dashcam.

However, it was further alleged that this critical footage had mysteriously been stolen by one of the accused.

With each revelation, the courtroom atmosphere grew more strained, leaving all parties wondering how the case would unfold as time ran out on the day.

During the tense court proceedings, the defence team stated that on the day of the incident, Khulekani Hlathswayo had been subjected to mob justice, and beaten by members of the public. It was emphasised that the four CPF members had arrived at the scene not to escalate the violence but to observe and try and de-escalate the situation. Newcastle SAPS officers had also responded to the incident but left after no one was willing to open a criminal case, Hlatshwayo included. At the time, Hlathswayo had reportedly appeared fine when the police departed.

The Prosecution, however, highlighted a critical point: a security guard stationed at the local sports grounds later found Hlathswayo lying in the veld, moaning in pain. She contacted the ambulance, which transported him to the SAPS.

As the prosecutor continued his statement, Magistrate Vernita Mundell was forced to stop him, noting that the bail application could not proceed any further as the court had to close for the day. Therefore, the case was postponed to Tuesday, 1 October 2024.

Furthermore, it was decided that the four accused would be moved to prison facilities rather than remain at the Newcastle SAPS holding cells. The prosecution argued that they were receiving preferential treatment in the cells, a claim supported by the Investigating Officer. This decision triggered emotional outbursts, with family members shedding tears of frustration in the court’s corridors, and supporters growing increasingly agitated by the constant interruptions and delays that seemed to place continuous obstacles in the proceedings.

In a press briefing held by the Newcastle CPF Executive Committee, Vice Chairperson Aasif Cassim addressed the media, clarifying the organisation’s stance. Cassim stated that while the Newcastle CPF acknowledged the presence of the four accused—Dhalech, Adams, Ashraf, and Mohammed—on the day of the incident in December 2022, they firmly asserted that none of them had laid a hand on the deceased.

He revealed that there were approximately 30 people at the scene that day, including SAPS officers who had assessed the situation and subsequently left, along with personnel from another security company.

Cassim expressed concern, stating, “We are being targeted as the CPF as a whole. We are being targeted.”

With no criminal case opened on the day of the incident, Cassim alleged that certain community members, corrupt officials, and other crime-fighting organisations were now attempting to pin the murder on the CPF. “We are not saying that they have pinned it to the people who are arrested, but they have pinned it onto the CPF as a whole,” he explained. Cassim further pointed out that the case arose from the CPF’s progress in combating drugs and crime, which threatened the interests of corrupt individuals operating in the shadows.

He further emphasised that the Newcastle CPF had become a target of victimisation, harassment, and threats due to their efforts to disrupt criminal activity, particularly from convicted criminals. During the press briefing, Cassim highlighted the selfless dedication of the Newcastle CPF, stating that its members voluntarily sacrificed time with their families to respond to dangerous and violent scenes, often arriving before the police to ensure the community remained safe from rampant crime.

“What is the easiest way to dismantle a body that is fully functional and working? To destroy it from within,” Cassim emphasised, pointing out that local police officers and crime-fighting organisations did not take the Newcastle CPF seriously, failing to recognise the crucial role they played in maintaining safety in the area, unlike in other cities and towns.

He noted that while other organisations received stipends from the state, the Newcastle CPF did not enjoy such support, as it was a station-based CPF and not part of the Provincial CPF.

Additionally, Cassim highlighted that the CPF members funded their operations from their own pockets, underscoring their commitment to the community amid rising tensions and challenges.

Moreover, it was stressed that the death resulted from mob justice, yet the four accused are now facing punishment for a crime where approximately 30 people were present, and no one else has been taken into custody. As stated, this is particularly concerning given that police officials were on the scene and assessed the situation before leaving.

A police official, who preferred to remain anonymous, expressed deep concern about the ongoing situation: “What is happening to these men is not fair, it is not right. They have done a lot of good work, especially Ismaeel and Ebrahim.”

In response to the developments, community members have rallied on social media, calling for the exoneration and release of the four accused. The momentum surrounding the case has intensified to the extent that a petition has been established, seeking justice for the Newcastle CPF members.

As the countdown to the bail application on Tuesday, 1 October 2024, continues, the pressing question remains, how will the case unfold and what are your thoughts on this matter?

Share your views in the comment section below.