NPA to Oppose Mashatile Bodyguards’ Section 174 Bid to Drop Assault Charges in Randburg Court
NPA to oppose Mashatile bodyguards’ Section 174 bid to drop assault charges in Randburg court. The National Prosecuting Authority (NPA) will oppose the application by deputy president Paul Mashatile’s bodyguards to have assault and malicious damage to property charges against them withdrawn after being acquitted in an internal inquiry. Eight members of the SA Police Service VIP protection unit – Shadrack Kojoana, Johannes Mampuru, Pomso Mofokeng, Harmans Ramokgonami, Phineas Boshielo, Churchill Mkhize, Lesibana Rambau and Moses Tshidada – face 12 counts of assault, malicious damage to property, pointing of a firearm, contravening the Road Traffic Act, reckless and negligent driving and defeating the ends of justice. They were charged after they were filmed assaulting two people on the N1 highway in July 2023. The accused have launched a Section 174 application, seeking to have the charges dismissed on the grounds of insufficient evidence. The group is scheduled to return to the Randburg Regional Court on Thursday, September 11, for their application.
Bodyguards Seek Discharge Under Section 174 Amid Ongoing Delays
The eight VIP protection officers, tasked with safeguarding Deputy President Paul Mashatile, are set to appear in the Randburg Regional Court on 11 September 2025 for arguments on their Section 174 application under the Criminal Procedure Act. This provision allows the court to acquit accused persons at the close of the prosecution’s case if there is no evidence linking them to the offences. The NPA’s South Gauteng spokesperson, Phindi Mjonondwane, confirmed that the prosecution will vigorously oppose the bid, with detailed reasons to be presented in court. The matter was postponed from August 2025 due to outstanding transcripts from prior hearings, adding to a series of delays that have frustrated victims and observers.
Should the application fail, the trial is reserved for the week starting 6 November 2025. The officers’ defence argues insufficient evidence to proceed, a claim the NPA disputes, insisting the case merits a full hearing. This follows an internal SAPS disciplinary inquiry in May 2025 that acquitted them, citing the inadmissibility of key video footage due to lack of authentication and absence of witnesses, including the complainants and the video’s author. The hearing report noted contradictions in the employer’s arguments and a failure to meet the balance of probabilities standard.
Background to the N1 Highway Assault Incident
The charges stem from a widely publicised incident on 2 July 2023, where the officers were captured on video assaulting two off-duty military personnel on the N1 highway near Fourways, Johannesburg. The victims, who were in a blue Volkswagen Polo, alleged they were pulled over, beaten, and had their vehicle damaged by the convoy. Footage showed the bodyguards kicking, punching, and stomping on the men, with rifles pointed at them, sparking national outrage over police brutality and VIP entitlement.
The accused face a total of 12 counts: four for pointing a firearm, two for reckless and negligent driving (specifically against drivers Rambau and Mampuru), one for malicious damage to property, three for assault, and one for defeating the ends of justice. The Road Traffic Act contravention relates to the convoy’s alleged misuse of blue lights and sirens. The video, initially shared widely on social media, was provisionally admitted as evidence by the court in May 2024, despite defence challenges to its authenticity.
The victims, through their lawyer Ulrich Roux, have sought justice, though Roux did not respond to recent requests for comment. One victim reportedly suffered severe injuries, including broken bones and trauma, highlighting the brutality captured on camera.
Action Society Slams Application as Delay Tactic
Civil rights group Action Society has strongly criticised the Section 174 bid as another attempt to obstruct justice in a case riddled with postponements. Spokesperson Juanita du Preez described the repeated delays as an “abuse of process,” denying closure to victims and the public. “We urge the court to dismiss this application so that the evidence in the case can be used to bring justice,” she said. The organisation, which supports victims of violent crimes, has monitored the proceedings closely, arguing that procedural manoeuvres have prolonged suffering unnecessarily.
Action Society echoed concerns raised in earlier hearings, where the defence’s challenges to evidence admissibility led to adjournments. They maintain that the video and witness accounts provide sufficient grounds to proceed, urging the court to prioritise accountability for those in positions of power.
Internal Acquittal and Public Outrage
The officers were cleared in an internal SAPS disciplinary hearing in May 2025, a decision that sparked outrage and accusations of a cover-up. The hearing chairperson ruled the video inadmissible due to unverifiable origins and noted the lack of complainant testimony, witnesses, and consistent employer evidence. Despite this, the criminal trial proceeded, with the NPA arguing that internal findings do not bind the court.
Public reaction has been fierce, with social media users and activists demanding transparency. The incident reignited debates on VIP protection privileges, with calls for reforms to prevent abuse of authority. Mashatile has distanced himself, stating the officers acted without his knowledge, but critics argue it reflects systemic issues in police conduct.
Trial History and Future Proceedings
The case has seen multiple postponements since the officers’ first appearance in July 2023, where they were granted R10,000 bail each. Pre-trial proceedings in February and May 2025 focused on evidence admissibility, with the court ruling in favour of using the video provisionally. The trial proper began in May 2024, but delays for transcripts pushed the Section 174 hearing from August 2025.
If the application succeeds, charges could be dropped; otherwise, the trial resumes in November 2025. The NPA remains confident, citing the video and other evidence as compelling. As the 11 September date approaches, eyes are on the Randburg court for a potential turning point in this high-profile case.
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