Tshilidzi Samuel Masutha (37), who was arrested almost two years ago at Beitbridge Border Post and accused of corruption and the theft of a motor vehicle, was found not guilty. He appeared in the Specialized Commercial Criminal Court in Giyani last week to face charges of corruption, theft of a motor vehicle, contravention of Section 88 of the Customs and Excise Act, and defeating the ends of justice.
Masutha and another security officer, Ronewa Makhovha, were both stationed at Beitbridge Border Post at the time. They were arrested on 18 December 2021 and accused of conniving with a Zimbabwean truck driver, Kholisani Nkomo, who was stopped at the port of entry's search point by officials of the South African Revenue Service (SARS).
The state alleged that the truck, which raised suspicions, had been impounded for a mandatory search, but the driver had allegedly promised the security officers gratification for the release of the truck. One of the security officers had allegedly also tried to persuade the SARS officials, who were still in the process of impounding the truck, to accept Nkomo's bribe, but they refused.
The truck was finally impounded and left under the watch of another security guard, who allegedly abandoned his post. During that time, the truck disappeared. SARS suspected that the truck was carrying illegal goods, but the vehicle was gone before they could search it thoroughly. The Hawks, in conjunction with SARS's Anti-Corruption unit, instituted an investigation, and warrants of arrest were authorised against the suspects. Nkomo was arrested on 27 December 2021 at Beitbridge's port of entry, on his way back from Gauteng, but the charges were withdrawn because of a lack of evidence.
The charges against Makhovha were also later withdrawn because of a lack of evidence, but Makhovha's trial dragged on for almost 21 months and was eventually scheduled to be heard from 4 to 8 September in Giyani. Masutha was represented by advocate Lufuno Tshinavhe.
Speaking to Tshinavhe this past weekend, he explained that the State had no evidence against his clients, therefore the case was dismissed only two days after the trial had started. He said he was still going to sit with his clients to see what steps to take going forward.
Meanwhile, Masutha said he had lost everything he had because of his arrest. "I have already told my lawyer that I want to sue the State and my former employer for an illegal arrest and defamation of character. Companies won't hire me now as I have been publicly paraded as a criminal. The story was published in local and national newspapers and was also broadcast on radio stations and TV channels. Even some of my family members see me as a thief," he said.
The spokesperson of the National Prosecuting Authority in Limpopo, Ms. Mashudu Malabi Dzhangi, was still waiting for a response from the prosecutors concerned at the time of our going to press.