Two former police officers have failed in their bid to overturn convictions and sentences for stealing cocaine they were supposed to secure as evidence.
The Gauteng High Court in Johannesburg dismissed the appeal by Raesibe Melda Ndukula and Faith Makhosazane Mtambo, who were both stationed at OR Tambo International Airport when the offences were committed.
The pair were convicted and sentenced to 13 years imprisonment by the Kempton Park Magistrates’ Court on 1 December 2020 on charges of possession of cocaine, theft, and defeating the administration of justice.
The case stems from an incident in March 2013 involving a flight attendant, Tshabalala, who was travelling from OR Tambo International Airport to São Paulo. When she returned to South Africa, South African Revenue Service (SARS) customs officials arrested her after finding drugs in her possession.
The seized drugs were handed over to Ndukula and Mtambo in their capacity as SAPS officials. Instead of properly securing the drugs as exhibits, they unlawfully removed and stole a portion of the cocaine.
The State’s case relied on testimony from Tshabalala, which was supported by circumstantial evidence including photographic discrepancies, missing quantities of the seized drugs, and irregularities in the handling of exhibits.
During sentencing proceedings in the magistrates’ court, Deputy Director of Public Prosecutions, Advocate Jacob Serepo, highlighted the seriousness of drug-related offences, particularly in high-risk environments such as international airports.
In dismissing the appeal, the High Court found that the trial court had properly evaluated the evidence, including the reliance on testimony from an accomplice witness. The court held that the circumstantial evidence strongly supported the convictions and that there was no misdirection by the trial court.
The court further ruled that the sentence imposed was appropriate, given the seriousness of the offences and the abuse of police authority.
The National Prosecuting Authority (NPA) welcomed the judgment, saying it reaffirms that abuse of public office, particularly in relation to drug-related crimes, will not be tolerated.
