Constable sentenced to 13 years for murder and possession of unlicensed firearm and ammunition in the Pretoria High Court

Constable Joel Kekana was sentenced to 10 years imprisonment for murder; 3 years for possession of an unlicensed firearm and to 6 months for possession of unlicensed ammunition. The sentencing follows the conclusion of a trial emanating from an IPID (then ICD) investigation into the killing of a street vendor by two policemen in November 2009 in Pretoria CBD.

It is alleged that on 02 November 2009 Constables Masinga and Kekana, who were off-duty at the time, came from a pub under the influence of alcohol, en route to their places of residence, namely the SAPS Barracks. As they were walking approaching the corner of Bosman and Church streets, they stopped next to a street vendor and started eating the meat he was selling. The vendor, known as Paul, asked the police officers to pay for the food they had eaten. It is further alleged that the police officers refused to pay, and that is when a fight ensued. During the scuffle, the vendor overpowered the two police officers and grabbed a bottle with which he hit Constable Masinga on the forehead.

On seeing that Constable Masinga ran to the barracks where he took his service pistol and went back to the scene where the fight carried on again. While they were fighting with the deceased, the firearm fell to the ground and Constable Kekana picked it up and shot at the deceased on the left shoulder and the head, killing him instantly.

After the two police officers were arrested an ID parade was conducted and the involved members were pointed out by witnesses.

Accused number one, Constable Joel Kekana, was found guilty of murder as well as possession of an unlicensed firearm and ammunition. Accused number two, Constable Masinga, was acquitted on all charges.

The sentences will run concurrently.

The accused have since been dismissed from the SAPS following a disciplinary hearing.

The IPID is satisfied with the sentence as it proves that the bad elements are being rooted out of the ranks of our police - this can only restore public confidence in the police.

Issued by the Independent Police Investigative Directorate

For enquiries:
IPID National Spokesman
Moses Dlamini
082 809 1927
mdlamini@ipid.gov.za