Tembeka Ngcukaitobi Leads Ballistics Expert Testimony at Nkabinde Inquiry

Pretoria, in a pivotal session of the ongoing Nkabinde Inquiry that continues to uncover layers of alleged police misconduct, Senior Counsel Tembeka Ngcukaitobi has taken the lead in examining ballistics expert Lieutenant Colonel Chris Mangena, whose testimony is shedding light on a controversial shooting incident that resulted in the deaths of two suspects. This development, part of the broader Madlanga Commission of Inquiry into high-level corruption and fitness concerns within the South African Police Service, has drawn intense public interest as it probes whether officers acted lawfully or crossed lines in their duties, offering families of the deceased a chance for answers and accountability in a system often criticised for lacking transparency.

The Testimony Begins

The hearing saw Ngcukaitobi, a respected advocate known for his sharp questioning in constitutional and human rights cases, guide Mangena through a detailed affidavit that breaks down the forensic evidence from the scene. Mangena, a seasoned ballistics specialist with over two decades in the field, explained his role in analysing firearms, bullets, and trajectories to reconstruct events. He described how he examined the Z88 pistol and CZ75 handgun recovered from the site, matching casings to weapons and determining firing positions. Ngcukaitobi pressed for clarity on whether the police were indeed fired upon first, as claimed, or if the response was excessive, helping the commission piece together a timeline that could prove or debunk self-defence arguments.

Mangena’s evidence focused on key details: bullet paths suggesting a chaotic exchange, with shots from multiple angles, and residue tests indicating recent use of the suspects’ weapons. For someone unfamiliar with ballistics, this science involves studying how guns work, matching marks on bullets to specific barrels—like fingerprints for firearms—and using tools like microscopes and 3D modelling to map out shootings. This helps inquiries understand if force was necessary or if there’s evidence of foul play, such as planted weapons or staged scenes.

Background of the Nkabinde Inquiry

The Nkabinde Inquiry, formally part of the Madlanga Commission chaired by Justice Mbuyiseli Madlanga, was established to investigate allegations of corruption, criminal ties, and unfitness among top police officials. It stems from broader concerns raised in reports like the State Capture Commission, where evidence pointed to officers colluding with syndicates for personal gain. The commission has heard from witnesses including suspended Deputy National Police Commissioner Shadrack Sibiya, who denied factions within the force, and businessman Brown Mogotsi, accused of posing as an informant while linked to kingpins.

Named after incidents involving figures like Advocate Nomgcobo Jiba and Lawrence Mrwebi in past probes, but here focused on police conduct, the inquiry aims to recommend reforms or removals to restore public trust. Sessions have revealed patterns of leaked information, secret meetings with criminals, and questionable shootings, with Mangena’s input crucial for cases where ballistics can confirm or contradict officer accounts. For everyday South Africans, this matters because a clean police force means safer streets, fewer unsolved crimes, and justice for victims like those in gang violence or taxi wars.

The Incident in Question

Mangena’s testimony centres on a fatal confrontation where police attempted to arrest suspects Johannes Ntuli and Nkosinathi Mthembu. According to the affidavit Ngcukaitobi walked through, officers claimed they were fired upon during the operation, forcing them to return fire in self-defence, resulting in the deaths of both men. Firearms—a Z88 and CZ75—were recovered from the scene, with Mangena’s analysis showing they had been discharged recently, supporting the police narrative of an exchange.

However, Ngcukaitobi delved deeper, questioning potential discrepancies like bullet angles that might suggest one-sided firing or if the weapons were planted post-incident. The event, tied to broader probes into police handling of suspects linked to organised crime, raises flags about excessive force. Families of the deceased have long sought clarity, arguing the men were unarmed or surrendering, while officers maintain it was a life-or-death situation. This case echoes others in the inquiry, like patterns in KwaZulu-Natal where suspects “did not make it out alive,” pointing to possible systemic issues in arrest procedures.

For someone trying to understand, such shootings often occur during high-risk operations targeting syndicates, but without solid ballistics proof, doubts linger about accountability. Mangena’s role helps by providing scientific backing, using tests like gunshot residue analysis to show who fired when, ensuring decisions are based on facts, not just stories.

Role of Ballistics Evidence in Inquiries

Ballistics experts like Mangena play a vital part in inquiries by offering unbiased science to cut through conflicting tales. In simple terms, they examine bullets for unique marks from gun barrels, test for powder burns to gauge shooting distance, and reconstruct scenes with laser tools to map trajectories. In this hearing, Mangena detailed how he collected casings, compared them to test fires from recovered guns, and used software to simulate the event, concluding the police response aligned with being under attack.

This evidence is crucial in commissions like Madlanga, where proving misconduct could lead to officer suspensions or criminal charges. Past cases, such as ballistics debunking self-defence claims in police shootings, have led to convictions and policy changes, like better training on de-escalation. For the public, it means fairer justice, reducing instances where innocent lives are lost and building trust in the force.

Public Reaction and Implications

The session has sparked widespread discussion, with communities in Gauteng and beyond following closely, hoping for reforms that clean up the police. Families affected by similar incidents see Mangena’s testimony as a step towards truth, while activists call for more independent experts to avoid bias. Ngcukaitobi’s leadership, praised for its thoroughness, adds weight to the process, known from his work in landmark cases on rights and accountability.

If the inquiry finds wrongdoing, it could trigger dismissals, legal action, and changes like stricter firearm rules or body cameras for officers. For South Africans dealing with high crime, this means a stronger, fairer police service that protects rather than harms. As hearings continue, the nation watches, eager for outcomes that heal divisions and deliver justice for all.

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