The Pretoria High Court has upheld a ruling that found eight police officers guilty of the murder of Mozambican national Mido Macia.
Macia died in police custody in February 2013 after being dragged behind a police van and, later, physically assaulted by police officers. The incident, in Daveyton, east of Johannesburg, was captured on camera and received international coverage.
The Macia family successfully sued the police minister for R6.5m.
Mishack Malele, Thamsanqa Ngema, Percy Jonathan Mnisi, Bongani Mdluli, Sipho Sidwell Ngobeni, Lungisa Gwabada, Bongani Kolisi and Linda Sololo were convicted by the Pretoria high court on August 25 2015 and sentenced to 15 years’ imprisonment each for their collaboration in dragging the deceased from a moving police vehicle in full view of the public.
“Subsequent to their sentencing, all police officers brought an application for leave to appeal with the Pretoria high court, which was dismissed. They later petitioned the Supreme Court of Appeals, which granted them leave to appeal on conviction and directed that the matter be heard by a full bench,” said National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane.
Their grounds for appeal, Mjonondwane said, was that the trial court misdirected itself factually when it found that all the surrounding circumstances, holistically considered with all established facts from which inference was sought to be drawn, were proven against them beyond reasonable doubt.