GROUNDUP: Police and NPA liable for Gqeberha murder by man out on bail

The Gqeberha High Court has found the minister of police and National Director of Public Prosecutions negligent.

In December 2014, 42-year-old plumber Clint Ovrenovitz was murdered while fishing at the Swartkops River in Gqeberha by two men, one of whom was out on bail for murder and was considered by police to be among their “most wanted” criminals.

Now the Eastern Cape High Court in Gqeberha has ruled that the minister of police and National Director of Public Prosecutions (NDPP) are liable to pay damages for negligence to Ovrenovitz’s widow and her two, now adult, children.

The amount to be paid is still to be determined, either through negotiation or at a separate trial.

Judge Bantubonke Tokota heard the family’s liability claim earlier this year and handed down his judgment, which only recently came to light, in July.

It examined the actions of Siphumelele Phethelo, who was eventually convicted of murder and other charges, and sentenced to life imprisonment.

Phethelo was 21 when he was arrested for the murder of Ovrenovitz. He and his co-accused “reeked of alcohol” and were found in possession of Ovrenovitz’s wallet, the criminal trial revealed.

It emerged during his bail hearing that he was, at the time, on bail in connection with another murder.

In 2016, Claire Ovrenovitz and her two children launched civil proceedings against the minister and the NDPP for negligence.

In her evidence before Judge Tokota, she said her husband, a plumber, was the breadwinner. He was a keen fisherman and they had been happily married. Had the authorities done their jobs properly, her husband would be alive, she said.

During the trial, the State defendants, who denied any liability, said Phethelo was arrested in June 2013 for the murder of a Mr Henry. He was released on bail later that month.

While on bail, he was again arrested for assault with intent to do grievous bodily harm.

In November 2013, he twice failed to appear in court for the Henry murder. His bail was cancelled and a warrant issued for his arrest. Later that month, he was convicted on the assault charge and given a suspended sentence.

On 14 January 2014, he was arrested for the Henry murder charge. He applied for bail the next day. His assault conviction from November 2013 had not yet been uploaded on the criminal record system (SAP69), although the South African Police Service’s policy was that an investigating officer must submit the results of a trial to the criminal record centre within seven days.