Police sergeant accused of murder abandons bail
The Hlobane police officer accused of killing his wife elected to abandon his bail application in the Vryheid District Court.
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Sergeant Thokozani Emmanuel Mbatha, an officer stationed in the Hlobane Management Information Centre (MIC), and his cousin, Nkosinathi Mbhekeni Mbatha, are charged with the murder of Nomusa Victoria Mbatha.
Nomusa, a housewife and mother of two was stabbed to death, her throat slit, sometime between the late hours of January 6 and the early hours of the morning on January 7.
Sgnt Mbatha made a confession to a police officer after he was arrested.
During a court appearance on July 11, Sgnt Mbatha’s attorney, Shaheed Abdulla, informed presiding officer, Magistrate A Mdlalose, of Sgnt Mbatha’s decision to abandon bail.
Nkosinathi, however, proceeded with his application for bail, denying any involvement in Nomusa’s murder.
Like Sgnt Mbatha, Nkosinathi also made a confession to police after he was arrested. However, Nkosinathi retracted his confession in court claiming police tortured him and told him what to say.
During his bail hearing, Nkosinathi said he supported his three children working as a truck driver for an Mpumalanga-based transport and plant-hire company.
He informed the court of a previous conviction for burglary, saying he served two months of a nine-month prison sentence handed down in the Mahlabathini Court in 2023, before being released on parole.
Nkosinathi further stated that he was informed by the police who arrested him for Nomusa’s murder that there is a pending robbery case against him in the Evander Court.
He added, however, that this case was withdrawn ‘to the best of his knowledge’.
Nkosinathi failed to disclose the fact that he was charged for murder as well as robbery in the Evander case.
Investigating officer in the murder of Nomusa Mbatha, Warrant Officer Bushy Badenhorst, later confirmed that the murder and robbery charges in the Evander case were temporarily withdrawn pending the outcome of a DNA analysis. A warrant of arrest was subsequently issued for Nkosinathi’s arrest after the DNA analysis was completed.
Relating the details of his arrest, Nkosinathi said he left his homestead early that morning, after he received a call from his supervisor at work.
“I arrived at work between 6.30am and 7am. When I arrived, I was asked to produce my ID and drivers licence. My supervisor explained there was a job opportunity for me at a Vryheid-based company which just acquired a new truck and required a driver,” began Nkosinathi.
He added that he could not remember the name of the company because that was the first time he had been to that address.
“I waited for them to bring the truck so they could test my driving,” Nkosinathi continued.
“While I waited, my supervisor took me in the company motor vehicle to meet his manager in Vryheid town. When we got to Vryheid Junction, there was a roadblock. During a stop and search of the vehicle, police discovered the vehicle did not have a valid licence disc. My supervisor, a mechanic and I were in the vehicle at the time.”
According to Nkosinathi, police at the roadblock asked him to identify himself. In response, he provided them with his ID as well as his CV which he had carried with him in his bag.
“One of the officers took my CV and ID and made a phonecall to confirm my ID number,” said Nkosinathi.
“After the phonecall, the officer informed me that something was wrong and he needed to take me to verify my fingerprints. I was taken to the Organised Crime offices where an officer told me he recognised me. He informed me there was a case in Evander which was re-instated and I needed to return to Evander for this matter. I told him the case was withdrawn and I never received any documents from court to say it was reinstated. I gave him the name of the investigating officer in that case to confirm. After he called the investigating officer, he told me people will come for me regarding that matter.
” Nkosinathi said the police officer then showed him a photo of himself which had been taken at a Vryheid filling station. After Nkosinathi identified himself in the photo, he was cuffed.
He testified that he was then bound with ropes and taken to a dark room where he was assaulted and even water-boarded.
“Police demanded to know where I was on January 6. I told them I was at home that day. They demanded I speak the truth and asked what I know about the murder of my cousin’s wife. I told them I knew she had been killed because my father told me about it,” said Nkosinathi.
Nkosinathi’s bail application will resume in the Vryheid District Court on September 5.
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