Former officers sentenced to 13 years for drug theft at OR Tambo
Two former South African Police Service members have lost their bid to overturn convictions for stealing cocaine that had been confiscated from a passenger at OR Tambo International Airport. The High Court in Johannesburg on Friday dismissed the leave to appeal applications brought by Raesibe Melda Ndukula and Faith Makhosazane Mtambo, who were each handed 13-year prison terms.
The pair were found guilty on 1 December 2020 on charges of cocaine possession, theft and defeating the ends of justice. Both had entered not guilty pleas to all counts laid against them. At the time of the offences, Ndukula and Mtambo were stationed at the bustling international airport in Ekurhuleni.
The case dates back to March 2013, when a flight attendant identified as Tshabalala was travelling a route between South Africa and São Paulo, Brazil. Upon the aircraft's return, customs officials from the South African Revenue Service intercepted Tshabalala at the airport after discovering drugs in her possession. The seized narcotics were subsequently handed to Ndukula and Mtambo in their official capacity as police officers.
Rather than logging and securing the drugs as evidence in accordance with proper procedure, the two officers unlawfully removed and pocketed a portion of the cocaine. National Prosecuting Authority spokesperson in Johannesburg, Magaboke Mohlatlole, explained that prosecutors built their case largely around Tshabalala's testimony. Her account was backed up by circumstantial evidence, including photographic discrepancies, unaccounted-for quantities of the confiscated substances, and irregularities in how the evidence had been processed.
Court satisfied state proved guilt beyond reasonable doubt
Mohlatlole confirmed that Tshabalala's evidence demonstrated that the accused had interfered with the seized cocaine and stolen it. During sentencing proceedings at the Kempton Park Magistrate's Court, Advocate Jacob Serepo, Deputy Director of Public Prosecutions in Gauteng, underscored the gravity of drug-related offences, particularly within high-risk settings such as international airports.
"In rejecting the appeal, the High Court found that the state could prove beyond reasonable doubt that the two officers were involved in the crime, although there was only one witness. The court found that the circumstantial evidence strongly supported the convictions."
The bench further ruled that the 13-year sentences were fitting, taking into account the severity of the crimes committed and the brazen abuse of police authority by the convicted officers. Mohlatlole indicated that the NPA views the outcome as a clear signal that exploiting a position of public trust, especially in connection with narcotics offences, will face the full force of the law.
"The decision highlights the NPA's commitment to maintaining the rule of law and ensuring accountability, including in law enforcement agencies."
The ruling serves as a stern warning to those in uniform who may be tempted to exploit their access to confiscated contraband. Legal observers note that the successful prosecution, built primarily on the testimony of a single witness supported by circumstantial evidence, demonstrates the capacity of the justice system to secure convictions even in complex cases involving law enforcement officials.
