THE police officer who was arrested after he allegedly bought alcohol with a bank card taken during a hijacking which claimed the life of Zarah Ramsamy, 11, and who was linked to the 2021 looting in KZN, appeared in the Durban Magistrate’s Court for his bail application on Monday.
Constable Minenhle Makhaye, 27, from the Cato Manor police station, will hear his fate on Wednesday when Magistrate Ashwin Singh is expected to hand down his bail ruling.
It has also been alleged that Makhaye had relatives who were high ranking police officials that were attempting to influence the case.
He has been charged with theft, fraud, being in possession of stolen property and defeating the ends of justice.
Zarah was killed during the September 11, hijacking in Malvern.
She was hiding under her mother Shaida Ramsamy’s Toyota Fortuner when the hijackers drove over her.
Makhaye was arrested a day after the hijacking. Hawks investigators identified him on CCTV footage, buying alcohol from a liquor store at Southway Mall, with two of his friends.
Last week, the court heard that he had made three different payments for the alcohol, totalling R1 000 using Ramsamy’s card.
Warrant Officer Siven Naidoo, an investigator from the Hawks, said Makhaye should not be granted bail as the investigation revealed that he could be linked to other crimes.
“When we arrested him, he had 272 bank cards from Capitec, Absa Bank and FNB in his possession. The cards were kept in a red box in his room. He was in possession of two number plates and five cellphones. He was also found with a police radio, which was not issued to him, even though he was not on duty on the day he was arrested.
“He had told arresting officers that he stole the bank card from the Toyota Fortuner when he was tasked to drive it back to Malvern police station on the night of the hijacking. The vehicle was recovered in his policing area in Cator Manor,” said Naidoo.
“He said that the bank cards in his possession were recovered by himself from a crime scene after the suspects had fled. However, when we questioned why he had not turned the cards in as exhibits, he remained silent,” Naidoo testified.
“Of the 272 cards, 10 were analysed and found to have been stolen at the Bridge City Mall, in Ntuzuma, during the looting in 2021. He was also found with 20 black and white cards usually used to load forex or access hotel rooms,” said Naidoo.
He said that Makhaye had relatives who are high ranking police officials, two of which are stationed at Umbilo and Inanda SAPS.
“His relatives were attempting to influence the matter at the Pinetown Magistrate’s Court. We found that the court was going to strike the matter off the roll, but we intervened. The information was discussed with the control prosecutor at the Durban Magistrate’s Court and the matter was brought here,” said Naidoo.
“After news of Makhaye’s arrest received media attention, we received more information from a security company, stating that during the 2021 unrest, he was stopped by them and the community who had set up roadblocks to keep out the looters,” he added.
At the time Makhaye was driving his private vehicle and dressed in his full police uniform, Naidoo said.
“He was drunk out of his mind and his car had fresh or new bullet holes on it. The security officers removed his State firearm and his appointment certificate from him and handed it over to officers at the Pinetown police station. They took pictures of the vehicle and his firearm and certificate. But when they went a few days later to the police station to find out about the case, they were told that there was no record of any case against Makhaye,” testified Naidoo.
“A week prior to his arrest, his name came up in a shooting that we had been involved in, in the Cato Manor area. Our team had intercepted a group of CIT suspects trying to buy an automatic rifle at a sports field opposite Nkosi Albert Luthuli Hospital. One suspect was killed and two others fled into the bushes and abandoned their vehicle.
“Our investigations revealed that the suspects were picked up by a police officer named Minenhle. At the time, we did not know him or his name. It was only after he was arrested that the names matched,” Naidoo added.
He said it was still being investigated if he was the same person linked to that incident.
“During the looting, it was all hands on deck from the policemen. We worked 19 and 20 hour shifts, and returned to our communities thereafter performing free duties without any sleep. I find it disturbing and shocking that a police officer indulges in alcohol and drives his private vehicle around in full uniform while we are working hard to protect our communities.
“His work record is also shocking. He is constantly absent or on leave. He was in rehab for drug abuse. His absenteeism and regular conduct is being investigated. The office that held all the documents regarding his behaviour and conduct was set alight at the Cator Manor police station about a week prior to his arrest.
“The offices of the three detectives at the same police station were also broken into. I assume that this was to locate the arson docket. He is not formally charged for this but he is a suspect,” Naidoo told the court.
Criminal activity
“Just because he was not physically at the primary scene of the hijacking, does not mean he was not a part of a gang involved in the hijacking. We are still investigating the details. It is evident that he is not an honest person. While the rest of the country prayed for the arrest of the hijackers, he stole a card which could have been sent for DNA and fingerprint analysis,” added Naidoo.
He said for the safety of the community, Makhaye must remain behind bars.
“If he gets bail, he will continue his criminal activity. Nothing will stop him from interfering with the investigation but him being behind bars,” he added.
During cross examination, Makhaye’s attorney, Zolani Duma, said he was acting on Makhaye’s instruction, when he asked Naidoo for his residential address.
Magistrate Ashwin Singh said the question had no relevance to the case, as Naidoo was an investigator.
Naidoo said: “I myself am concerned. In my 30 years as an investigator, no attorney had ever requested my personal physical address.
Duma said Makhaye was concerned as he felt that Naidoo was related to the victims, and making him investigate the case was a matter of conflict of interest.
Naidoo said he was not related to the victims.
Makhaye said he could afford R1 000 bail.