Madlanga Commission testimony reopens questions about police accountability in Emmanuel Mbense murder

The family of 51-year-old Emmanuel Mbense from Brakpan says they have finally learned what happened to him, three years after he disappeared.

Evidence before the Madlanga Commission of Inquiry revealed that Ekurhuleni Metro Police officers allegedly tortured him and dumped his body in a dam, a claim made by 'Witness D' – the late Marius van der Merwe, who implicated himself and others.

Mbense was found a day after his death with his licence and car keys still in his pocket.

The Mbense family has turned to AfriForum’s private prosecutions unit, saying police and the Independent Police Investigative Directorate (IPID) repeatedly failed to update them, despite assurances that arrests were "imminent".

AfriForum’s Barry Bateman says the family only discovered the full details when they heard Van der Merwe’s testimony on 14 November, after years of what he describes as silence and empty promises from authorities.

"What they're asking for, and there are two things that we've written to IPID about... the first is we want a comprehensive and detailed update on the status of the case. The story of 'things are happening, expect arrests soon' is simply unacceptable for a family that has been yearning for answers. Secondly, we want to understand why the long delay in enrolling this matter.

"Mr van der Merwe himself testified, and he confirmed that he admitted to his role in torturing Mr Mbense. While he says he had no role in the murder, he does admit as well to dumping Mr Mbense's body in a dam.

"It's deeply concerning that this aspect of having a 204 witness that was on the scene, directly implicates other parties, and implicates himself in this most heinous crime, and the police don't act immediately. If the police or IPID had reacted soon, the matter would have been heard in a process within the criminal justice system. The accused, possibly the 204, would appear in court."

To listen to Barry Bateman in conversation with 702's Bongani Bingwa, click the audio below: