ZAMA ZAMAS SENTENCED TO 45 YEARS FOR MURDER
Two Lesotho nationals Taelo Manuel Mmereko (39) and Koketso Azaih Futho (39), were both convicted and sentenced by the Odendaalsrus Regional Court. The two accused were charged with three counts of murder (common purpose), two counts of attempted murder, possession of illegal firearms, ammunitions as well as illegal immigration. The town of Odendaalsrus, like other mining towns in South Africa, is experiencing a surge of infestation with organized crime emanating from Illicit mining, mostly by foreign Nationals in cahoots with the legit Miners to steal gold and gold material. As part of fighting the scourge of illegal mining, the Justice Cluster led by the South African Police Service together with other stakeholders such as the NPA, SANDF, Home Affairs, and Mining Houses has created a joint operation to counter the illicit mining by these criminals, commonly known as ZAMA-ZAMAS. This operation is known as the PAPA-G, “Operation Vala Umgodi”.
On Monday, 20 April 2020, at around midnight, the specialised units of the South African Police Service, Tactical Response Team (TRT) attached to the Bloemfontein Cluster received an intelligence report about illegal miners also known as Zama Zamas that they were busy extricating gold-bearing material at Kudu old mine plant mine in Matjhabeng near Odendaalsrus. Upon their arrival at this old mine, the suspects began shooting at the TRT Members. These highly trained members of the SAPS retaliated by firing back. During the ensuing gun battle between Zama Zamas and the police, three illegal miners who were later identified as Lesotho Nationals were fatally wounded and two accused, Futho and Mmereko sustained injuries. Five 9mm firearms and live ammunition were recovered and seized during the operation. The two wounded accused were admitted at Bongani in Welkom and Pelonomi in Bloemfontein hospitals, respectively.
In presenting the state’s case the Regional Court Prosecutor Brian Montsho, put it to the court that crimes associated with illegal mining had become rampant in mining towns and a clear message had to be sent to other perpetrators of illegal mining, that the state was serious about fighting these types of crimes. The accused had little respect for law enforcement agencies as they were prepared to shoot and kill members of the police, appointed to uphold law and order. The prosecutor further argued that illegal miners had become a huge problem to the communities as they had become laws into themselves, and the mining towns were becoming unsafe due to their actions. In their defence, the accused and their legal representative insisted and argued that they should be acquitted on 3 counts of murder in that it was their members who were killed by the police and not them as they were shot by the police. They further argued that they were not involved in illicit mining but were looking for their lost cattle, as they are cattle herders. On cross-examination by Prosecutor Montsho, the accused could not answer why they sought cattle on a tarred road where the shooting happened, and why they were without permits when the Country was on level 5 lockdown.
In sentencing, Taelo Manuel Mmereko and Koketso Azaih Futho were found guilty and sentenced each accused to effective 45 years of direct imprisonment. The accused were each sentenced to 15 years of direct imprisonment on the three counts of murder, 5 years each on 2 counts of attempted murder (shooting at the police), and 2 years direct imprisonment on a charge of illegal immigration. All other sentences are to run concurrently with the sentences on murder.
The National Prosecuting Authority applauds the work of the prosecution team responsible for successfully prosecuting the matter and ensuring that the accused are sentenced appropriately for their crimes. The Prosecuting Authority envisages that these sentences will send a clear statement to illegal miners that the state is serious about fighting the scourge of illegal mining that is currently ravaging the once-thriving mining towns within the country.
