Court furious as probation officer's conflict of interest delays crime intelligence officer's sentencing

The sentencing of crime intelligence officer Thulani Obed Thango was delayed on Thursday morning at the Durban Magistrate's Court as the probation officer decided not to do a pre-sentence report. 

Thango was convicted in September for defeating the administration of justice by helping former eThekwini councillor Mthokozisi Nojiyeza evade arrest for a few hours on December 21, 2018. Nojiyeza was wanted by the Political Killings Task Team (PKTT) for the murder of Umlazi councillor Sibusiso Maphumulo.

Magistrate Jackie Jonck's proceedings were interrupted when probation officer Thabile Mbuyazi, tasked with preparing Thango's pre-sentence report, informed the court that she would not be presenting the expected documentation prior to sentencing deliberations.

Mbuyazi told the court that she could not do Thango’s pre-sentence report because she knows him. “There was a conflict of interest, and I decided not to do the report,” she said.

Angry Jonck asked Mbuyazi how long she had been a probation officer. She replied by saying she has 15 years of experience. 

“With your 15 years of experience, you didn't think you should have told your supervisor about the conflict of interest. After learning the accused's name and knowing that you know him, why did you go and consult with him instead of reporting the conflict when you learnt his name and hand over the file to someone else?” she asked, fuming. 

Magistrate Jonck said Mbuyazi should never have consulted with Thango. She said she would make an official complaint about Mbuyazi’s conduct. She told another probation officer who was with Mbuyazi that she wanted the report as soon as possible. 

The matter was postponed to December for sentencing. 

nomonde.zondi@inl.co.za