The family of the late Lucky Maluleke from Bungeni says the Independent Police Investigative Directorate (IPID) should investigate his death in police custody as murder instead of an inquest. They allege he was tortured during interrogation at Waterval Police Station earlier this month.
His elder brother, Ndzalama Maluleke, said the family’s account was based on what two men who had been detained with Lucky allegedly told them after they were released.
According to Ndzalama, the two men said Lucky had given them and a bouncer a lift from a local tavern before returning home. A fight allegedly broke out afterwards between the other men, and the bouncer's firearm was reportedly taken. Ndzalama said police arrested one suspect, who allegedly identified a second man after being questioned and allegedly tortured. He claimed the second suspect, who was also allegedly tortured, later mentioned Lucky's name as the person who had given them a lift.
He said police searched Lucky’s home for the firearm before taking him into custody.
“My niece was at home when they dragged him out. I was not there, but this is what my family and the other suspects told me. They were shouting from the gate and were very aggressive,” he said.
Ndzalama alleged the three men were interrogated in a police interrogation room, not a holding cell. He said the two surviving suspects told the family that police tied their hands, forced their arms through the legs of a chair, placed plastic bags over their heads and sprayed pepper spray inside the bags.
“They said they heard Lucky crying while he was being tortured. After a while, it went quiet,” he said.
Ndzalama alleged the two men were released shortly afterwards. He said an police investigator later informed the family that Lucky had died in police custody.
Police have given a different account of Maluleke’s death.
Limpopo police spokesperson Colonel Malesela Ledwaba said officers received a report at about 18:20 that Maluleke had collapsed inside the SAPS offices at Waterval Police Station while being questioned in connection with a housebreaking and theft investigation. Emergency Medical Services were called and declared him dead.
Ledwaba said the cause of death had not yet been determined. He said the post-mortem findings and the IPID investigation would establish the circumstances surrounding Maluleke’s death.
IPID spokesperson Lizzy Suping confirmed that the directorate was investigating the death. A post-mortem examination was conducted on 17 July.
“For now, we are investigating a death that occurred while the suspect was in police custody. We need to allow the investigation to take its course,” Suping said.