Question posted in the Criminal Law category relating to Eastern Cape
My name is Masixole Bushula, I was charged with murder on 11th August 2013. We were interrogating a suspect on the housebreaking and theft case. The suspect was attacked by an epileptic seizure during the interrogation, we rushed him to the hospital and he was declared dead on arrival. A case of murder was opened against us, plus another of assault GHB as count two, for another suspect we interrogated earlier, who claimed that we tortured him with a plastic bag, hence the murder case was opened. On the 28th of October 2020 we convicted, and on the 21st of April 2021 we sentence by the Alice magistrate court, 15 years for murder, 3 years for assault GHB ordered to run concurrently, plus 5 years for not showing remorse by pleading not guilty. Leave to appeal was granted after the court held that the matter is a 50/50 , we might win, we might lose. The same court held there is no evidence in this case, the reason is because there was some sort of a cover up, she knows that the police cover up for each other, not only in Alice, but the whole South Africa. She further held that she wants to make an example of us, so the police will respect the rights of the suspects. The leave to appeal was granted on the 06th of May 2021.
The appeal was heard on the 13th of September 2023 by the Bhisho high court. It was delivered on the 26th of March 2024. It only stated that the appeal is upheld. The charge of murder is changed to culpable homicide, the sentence of 20 years is reduced to 10 years, in 5 years is suspended.
No reasons were given at all. If why the murder charge was changed and how did they prove the culpable homicide charge. Nothing.
Is that justice? I spent 3 years, 10 months in a maximum security prison.