Newcastle CPF murder case: What we know so far

• CPF chairperson arrested for murder

Chairman of the Newcastle Community Policing Forum (CPF), Ismaeel Dhalech, was arrested on September 23, for murder.

SAPS spokesperson, Lizzy Arumugam, confirmed the arrest of Dhalech as well as that of three others, Ebrahim Adams, Mahomed Ashraf and Yaseen Khan.

“On December 25, 2022, ambulance services attended a distress call in Bird Street, where they found a severely beaten man lying naked in an open field. An investigation into the murder was launched, with Warrant Officer Henning De Meyer leading the case,” stated Arumugam.

“Initially, no leads were found to explain the circumstances surrounding the victim’s death. However, in August 2024, an informant approached De Meyer providing crucial information that helped advance the investigation. A court-authorised warrant led to the arrest of four suspects in a collaborative effort by De Meyer, Lieutenant Colonel Oberholzer, Sergeant Mlotshwa, Sergeant ST Mbatha, and Constable S Kunene.”

Dhalech and his co-accused were taken into custody on Monday for the murder of 26-year old Osizweni resident, Khulekani Hlatshwayo, the man who was allegedly beaten to death in December 2022.

Sources close to the case say Dhalech and others attended to a report of a burglary in progress on Lincoln Street and found Hlatshwayo on the roof of a house.

While witnesses allege that Hlatshwayo was under the influence of drugs at the time, his mother informed police that Hlatshwayo suffered a mental disability.

There was never any criminal case opened against Hlatshwayo regarding this incident.

It is alleged that a group of crime fighters and residents, including Dhalech and his co-accused, chased Hlatshwayo and brutally assaulted him.

According to De Meyer, there wasn’t a place on Hlatshwayo’s body that didn’t have a mark.

Following the assault, Hlatshwayo was then left in a field until the next morning when he died in an ambulance on the way to the hospital.

At the time of print Dhalech and his co-accused were scheduled to make their first appearance in the Newcastle Magistrate’s Court on September 25.

De Meyer confirmed that the state intended to oppose bail to protect the witnesses who fear for their safety. He added that it was a prosecutor guided investigation and he is confident of the strength of his case.

CPF public relations officer, Ally Hoosen, confirmed that the organisation was aware of the arrests.

“The CPF was informed on September 23 of the detaining and impending investigation of Newcastle CPF chairperson, Ismaeel Dhalech, in connection with a case at Newcastle SAPS,” stated Hoosen.

“Once more information is released the Newcastle CPF will issue a further statement.”

• CPF murder case shines spotlight on police corruption

A post-mortem report compiled by Dr Marek Stawicki states that Khulekani Hlatshwayo (26) suffered at least a hundred gashes on his body, extensive bruising (both externally and internally) and bleeding from the brain.

He suffered broken limbs and bruised and swollen lungs that would have made it agonising to breathe. He suffered acute loss of blood.

The beating this alleged burglar endured was so severe it forced his stomach contents into his airways and lungs. In the seven hours between the time he was beaten and when he was found naked in a field, Khulekani Hlatshwayo suffered.

Stawicki indicated that the injuries were likely inflicted with a sjambok or whip. According to witness statements, Hlatshwayo was already in handcuffs when he was beaten, incapable of fleeing or defending himself.

Hlatswayo was still moaning in pain when the security guard at Paradise Sports Grounds found him on Christmas morning (2022) but he succumbed to his injuries before arriving at the hospital.

The CPF members charged with the murder of Hlatshwayo say their arrest is an act of malice, enabled by a resentful drug dealer who did time for kidnapping and attempted murder after they took him to task.

CPF deputy chairperson, Asif Cassim, stated that the organisation is being targeted by corrupt police and crime-fighting officials with a vendetta, who the CPF has taken on for their involvement in criminal activities.

Investigating officer, Warrant Officer Henning de Meyer, however, denied that the CPF is being ‘targeted’.

In fact, according to De Meyer, the four CPF members arrested for Hlatswayo’s murder, Ismaeel Dhalech (40), Ebrahim Adams (38), Yaseen Mohamed (30) and Mahomed Ashraf (18) received preferential treatment while in custody at the Newcastle police station holding cells.

During the CPF members’ bail hearing in the Newcastle Magistrate’s Court this week, De Meyer testified that Newcastle station commander, Brigadier Vassie Naidoo, booked Dhalech out of the cells without informing him (as the investigating officer) as required by national regulations.

He said that Dhalech and his business partner, Benny Vorster, were allowed to have a business meeting in Naidoo’s office and this upset the other inmates. According to De Meyer, Adams was allowed to have his cellphone in the cells, which he used to make phone calls while in custody.

De Meyer acknowledged that the CPF assisted police in bringing numerous criminals to justice but claimed that police officials, including those appointed in senior positions, turned a ‘blind eye’ when CPF members took matters into their own hands.

“There are other cases in which CPF members and their ties to certain police officers are being investigated,” testified De Meyer.

“This was uncovered in a crime intelligence-driven report which was handed to the SAPS cluster office, as well as the provincial commissioner, Lieutenant-General

Nhlanhla Mkhwanazi, together with an organisational organogram.” De Meyer said the sensitivity of the investigation meant that it was conducted in secret, hidden even from senior management.

Nonetheless, details of the investigation were leaked by police to the defence attorneys, according to De Meyer. Zubair Chothia, the defence attorney representing Adams and Mohamed, accused De Meyer of having a personal grudge against CPF members.

This after Allen Kelly, the defence attorney representing Dhalech and Ashraf, brought up an incident which occurred in February between De Meyer and CPF member, Mohamed Khan.

Responding to questions put to him by Kelly, De Meyer testified that Khan, “tried to run me over.”

De Meyer said he was in a police van when he stopped Khan for an alleged traffic violation and he was standing next to Khan’s vehicle, when Khan knocked into him with his side mirror.

He explained that he did not arrest or charge Khan as he was threatened by other members of the CPF who rushed to Khan’s aid in minutes.

“I was threatened by CPF members not to take the matter further. However, I reported the incident to Lieutenant Colonel Oberholzer and Colonel Claasen on the day it happened,” testified De Meyer.

Chothia went on to point out that two of the state’s key witnesses are the wife and daughter of an alleged drug dealer who Dhalech and Adams played an active role in putting behind bars.

He further stated that Dhalech and Adams actively participated in the arrests of the people who purchased drugs from the alleged drug dealer.

Both Kelly and Chothia further called into question the credibility of state witnesses who alleged in statements made to De Meyer, that a company vehicle belonging to Dhalech as well as a vehicle with registration, ‘MAFIA ZN’, which belongs to Adams, was present at the scene when the assault took place.

However, Dhalech’s company only began operations two months after the alleged incident and ‘MAFIA ZN’ was only registered in April 2023.

De Meyer said it was possible that the witnesses erroneously made a mental connection between the accused and the vehicles they are known to drive now.

Chothia then indicated that there was an informant, Ryan Pillay, willing to testify under oath that De Meyer met with him in the Pick n Pay parking lot about a month ago and offered to pay him R5 000 to testify against Dhalech, Adams, Mohamed and Ashraf in this case.

De Meyer denied offering Pillay a bribe saying that he was in the company of several other people when he met with Pillay and interviewed him regarding another case that has nothing to do with the murder of Hlatshwayo.

“I never discussed this case with Ryan Pillay,” stated the De Meyer.

Kelly argued that there are other people who assaulted Hlatswayo who were not arrested and that, in a case of mob justice, it would be impossible to determine who dealt the fatal blow.

He further pointed out that Hlatshwayo was still alive on the night of the assault and only died at 9am the next morning, with no account for what happened in the hours in between.

All four CPF members applied for bail on the basis that they had serious health issues that could not be adequately managed in a correctional services facility. However, the state prosecutor, Mr Dlangamandla, pointed out that prisons have clinics and access to hospitals with adequate medical staff who can attend to them.

Kelly further stated that Dhalech’s continued incarceration adversely affects the 48 staff he employs and their families, as Dhalech is the only person with access to the banking application used to pay their salaries.

The banking application requires Dhalech’s thumb print for access, according to Kelly.

Dlangamandla, however, argued that Dhalech’s business partner should be able to ensure the continued operation of their security company.

Kelly urged the court to grant bail to Ashraf on the basis that he is a learner currently enrolled in grade 11 and will miss a critical year in school if he is denied bail.

Dlangamandla said, while Ashraf has a right to education, he should have thought first before becoming involved in mob justice.

“The accused are highly influential people in town. Two of them are well-known business people. They will try, by all means to intimidate witnesses and use their power for personal gain,” concluded Dlangamandla.

“This incident took place in 2022. Even then the perpetrators were known but witnesses were too afraid to come forward by virtue of the influence these businessmen have.”

At the time of print presiding officer, Vernita Mundell, indicated that she would give her judgement in the bail application on October 3.

• Police failed to save Hlatshwayo’s life:

The two policemen who witnessed the brutal assault of Khulekani Hlatshwayo (26) and did absolutely nothing, seem to have gotten away scot-free…

But their failure to intervene, and potentially save his life, means that they could be charged as accessories after the fact to murder.

“There is a duty among police officers to intervene and protect the person who is being assaulted and these two officers also had the legal duty to report the crime,” said Magistrate Vernita Mundell, while handing down her judgement in the bail application of Community Policing Forum (CPF) members, Ismaeel Dhalech, Ebrahim Admas, Yaseen Mohamed and Mahomed Ashraf.

“I am not sure why these officers are not prosecuted or maybe they will be.”

During the bail hearing, investigating officer, Warrant Officer Henning de Meyer, testified that the two police officers attended the complaint of an attempted burglary where Hlatshwayo was found on a roof in Lincoln Street on December 24, 2022.

According to De Meyer, Hlatshwayo was already severely beaten when the officers arrived on the scene. However, instead of assisting Hlatshwayo, they left after the home-owner declined to open a case, with one officer saying to the other, “There’s trouble coming.”

“This is very disturbing as the policemen never mentioned what they saw for a period of one year and eight months,” remarked Mundell.

Hlatshwayo subsequently died from his injuries the next morning. Dhalech, Adams, Mohamed and Ashraf were arrested on September 23 and charged with Hlatshwayo’s murder after they were identified by witnesses to the assault.

Upon refusing bail to Dhalech, Adams and Mohamed, Mundell stated, “The deceased had the right to life. He may have been a criminal or a drug addict, but he had the right to life. He should have been arrested and tried in court of law. No one had the right to meet out the punishment that was inflicted on him.”

Mundell later commented on the severity of Hlatshwayo’s injuries, “The violence is to an exceptional degree in this matter, and if the accused are convicted, they are staring at a long prison sentence.”

Ashraf was granted R1 000 bail as he was only 16-years old when the incident occurred and he is currently a learner in Grade 11.

“Had he been arrested in 2022 or early 2023, on all probability he would have been released under the Child Justice Act,” Mundell pointed out. “I do not think it is in the interest of justice to allow his detention until the finalisation of the trial.”

She explained that one of the prominent objectives of the Child Protection Act is the use of imprisonment only as a last resort and only for the shortest period of time.

“Young people are easily drawn into activities instigated by adults,” added Mundell. “Accused number four’s (Ashraf) parents, guardians, and CPF adult members should have known better to draw him into this vigilantism.”

Strict bail conditions apply to Ashraf’s release on bail. He is not allowed to communicate with the witnesses and may not leave his home under any circumstances other than going to school or mosque.

He must inform De Meyer every time he leaves the house and when he returns, using a dedicated mobile number.

Ashraf may not participate in any CPF activities and his membership to the CPF must be terminated pending the finalisation of this case.

He is also not allowed at any crime scenes. Furthermore he may not leave Newcastle.

In a statement issued by the CPF, spokesperson, Talha Randeree, said, “The Newcastle CPF acknowledges and respects the court’s decision to deny the bail of CPF Chairperson, Ismaeel Dhalech, and response members Ebrahim Adams, and Yaseen Mohamed. The CPF appreciates the court’s decision to grant bail to the final applicant, who was a minor at the time.”

“We wish to extend sincere gratitude to the community for the outpouring of support for the members, whether this support was online or in person at the Magistrates Court. The CPF will remain under the advisement of its legal team, and will accordingly update the community as necessary,” he concluded.

The case was postponed to October 25 for further investigation.

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