The family of alleged abduction victim Anisah Moosa has already instructed their attorney to immediately write letters to Justice Minister Michael Masutha, Police Minister Fikile Mbalula and the National Director of Public Prosecutions (NPA) to ensure that the case against Samuel Kubo, Elias Masilo Gafane and Nyambeni Benny Mudau is re-instated after it was provisionally withdrawn by the Mankweng Regional Court last Wednesday.
The family’s spokesperson Yusuf Abramjee indicated that the family was very disappointed by the court’s decision to provisionally withdraw the case. “The court decided to withdraw the abduction case against the three men because of on-going delays. The family feels that the justice system is letting victims down badly. We are shocked at the withdrawing of the case and the family is understandably furious,” he said.
He added that the Police had many months to do their investigations and that the family struggles to understand why it is being delayed repeatedly. “We want a full probe,” he said.
Limpopo Hawks Spokesperson Matimba Maluleke confirmed that the kidnapping case was provisionally withdrawn.
The trio was arrested soon after the alleged kidnapping of Moosa in March last year and released on R10 000 bail each in May. Kubo and Gafane were nearly straight away rearrested in connection with an alleged armed robbery and attempted murder after an incident at Apel Spar during December 2015. They appeared in the Sekhukhune Magistrate’s Court and was granted bail of R5 000 each on 25 May. Soon after being released Gafane was arrested again in Tzaneen and then released on bail of R1 000 by the Tzaneen Magistrate’s Court on a charge of theft by false pretence.
The Mankweng Regional Court issued a warrant of arrest for Kubo and Gafane after they failed to appear before court in the Moosa case on 18 January. Only Mudau was present.
Maluleke then said investigations during the search for the duo led the Hawks to Jane Furse Police Station where Gafane was being detained on charges of attempted cash-in-transit robbery, possession of a suspected stolen vehicle and possession of an unlicensed firearm. Further investigations led the Hawks to Mmakau Police Station in North West where Kubo was found to have been detained following his arrest on cases of murder, attempted murder, robbery with aggravating circumstances, two counts of kidnapping and possession of an unlicensed firearm and ammunition.
Despite the case being withdrawn Kubo and Gafana will remain in custody.
Story: RC Myburgh