Criminal Matter Withdrawn By The State – Charges Related To Dangerous Dependence Producing Substance

BDK Director, Johan Eksteen, walked away with a superb win in the bag today, after the criminal matter against his clients were withdrawn by the State in the High Court of South Africa, Gauteng Division, Johannesburg.

The charges related to dealing in dangerous dependence producing substance (drugs), alternatively possession of dangerous dependence producing substance (drugs, fraud and defeating the administration of justice, which were instituted against three police officers and another individual.

Our clients, Warrant Officer Marumo Mogana, a member of the SAPS Crime Intelligence Unit,  Warrant Officer Steve Pakula, member of the Organised Crime Unit, Acting Deputy Director Samuel Mashaba of the Department of Community Safety, Gauteng Province and Mr Tumelo Nku, a well establish businessman, were all arrested by members of the DPCI (Hawks) on 09/07/2021 at Aeroton, Johannesburg on the alleged aforesaid criminal charges.

The arrest attracted large media attention and the arrest was widely published and televised.

Our client’s W/O Mogana, Phakula and Acting Deputy Director Mashaba were following up information of the transportation of a large consignment of drugs (cocaine) amounting to 700kg which were transported in a container on a truck from Durban Harbour. Our clients in the early hours of the morning managed to trace the whereabouts of the said truck transporting the alleged drugs and then followed the truck to a logistics premises in Aeroton.

They explained their presence at the premises and the fact that they had received information that the container transported contained alleged drugs. They requested permission from the driver and the personnel on duty to search the said container, which was granted and our clients then proceeded to act in terms of section 22 of the Criminal Procedure Act 51 of 1977.

After the container was opened, our clients found numerous blacks bags, which clearly fitted the description on the information they received wherein the drugs were concealed. Arrests of the suspects followed.

Whilst still busy on the premises, members of the Visible Policing Unit Booysens arrived, and an altercation broke out. Several other police members from different units also arrived and informed our clients that they received a complaint of an alleged truck hijacking. Our clients identified themselves to all of the police officials.

Major General Khan later arrived at the scene and despite our clients’ explanation of what they were doing at the premises, he instructed members of the DPCI to arrest our clients

Our client, Mr Nku was sitting in his motor vehicle outside of the premises, but was approached by Major General Khan and asked reasons for his presence at the scene. He was then also placed under arrest.

On 30/03/2022 the matter was transferred to the High Court, Johannesburg where the matter would commence on trial.

Mr Eksteen, who believed in our client’s innocence submitted representations to the Director of Public Prosecutions, Johannesburg wherein it was submitted that the State’s case was weak and that there were no prospects of a successful prosecution in the matter, and he therefore requested the DPP to reconsider their prosecution and withdraw the matter against our clients. These representations were declined by the DPP.

Mr Eksteen did not accept the decision of the DPP Johannesburg and approached the Deputy National Director of Prosecutions in terms of section 179(5) of the Constitution, and requested them to review the decision of the DPP Johannesburg.

Today the Advocate for the State informed the Court that besides the fact that their office has to date not received decision from the National Prosecution Services office, they had received instructions from the DPP Johannesburg to withdraw all charges.

Our clients are highly appreciative and thankful for Mr Eksteen’s determination in their matter.

Meet Johan Eksteen

At BDK Attorneys, we are proud to remain the leading experts in criminal law and to represent our clients with the utmost determination.

Reach out to see how we can assist you at 011 838 1214.

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