Prohibited ammunition could have been used by the two arrested police officers to kill Nathaniel Julies, it emerged on Monday.
Julies was killed outside his Eldorado Park home on 26 August, allegedly by police officers Simon Scorpion Ndyalvane, 46, and Caylene Whiteboy, 23.
The pair appeared in the Protea Magistrate’s Court on Monday following their arrests last week.
Ndyalvane and Whiteboy were charged with murder, possession of prohibited ammunition, defeating the ends of justice and discharging a firearm in public.
National Prosecuting Authority (NPA) regional spokesperson Phindi Mjonondwane said the accused used ammunition no longer allowed in terms of the law.
“The ammunition used on the occasion was banned in 2006, if I am not mistaken,” said Mjonondwane.
She added that the officers allegedly attempted to discard evidence.
The State intended opposing bail for the two officers because of the nature of the offences.
“The accused will have to discharge evidence of exceptional circumstances for them to be granted bail,” said Mjonondwane.
Ndyalvane and Whiteboy appeared after midday in the packed courtroom under heavy police presence.
The two, who wore masks, also covered up, to prevent cameras from capturing their faces.
Magistrate David Mhango explained to the two officers that they were facing Schedule 6 charges and advised them to secure legal representation.
Mhango warned the pair that, should they be convicted, they could be sentenced to life imprisonment.
IPID spokesperson Ndileka Cola previously confirmed the two officers were attached to the Eldorado Park crime prevention unit.
Julies, 16, who had Down syndrome, was shot dead on Wednesday night, resulting in unrest on the streets of Eldorado Park.
On Friday, Police Minister Bheki Cele and Community Safety MEC Faith Mazibuko, together with officials from the SA Human Rights Commission, visited the teen’s family.
Afterwards, they told an irate crowd of locals that “whoever has committed the crime will have to face the law, it doesn’t matter who that person is”.
Julies’ grandfather, James, claimed his grandson had done nothing wrong and was standing alone when he was shot at close range, before being dragged inside the police van.
He also alleged that Nathaniel was choked while being dragged to the vehicle.
He further claimed the police had not been helpful to the grieving family after Nathaniel’s death, as they had struggled to receive a case number.
President Cyril Ramaphosa, who offered his condolences to the family and the angered community, said the violent death of any young person was concerning.
The officers will remain in custody until their next appearance on 10 September, when they possibly apply for bail.