Former top spook Mphego drags police to court over ‘ghost’ raid
Former crime intelligence boss Maj-Gen Mulangi Mphego has launched a court bid to declare a high-profile police raid on his luxury estate unlawful, arguing that the court that issued the search warrant has no record of the application.
The state is probing allegations that Mphego conspired to steal sensitive police files belonging to his late friend, deputy national commissioner Lt-Gen Sindile Mfazi, who died from poisoning in 2021.
Mphego has dragged acting police minister Firoz Cachalia, top detectives and a senior magistrate to the Pretoria high court where he is demanding the immediate return of his seized property, including three licensed firearms, hard-copy legal files and his cellular phone.
On Monday Mphego was arrested for unlawful possession of the more than 100 rounds of ammunition that was also discovered during the raid. He later appeared in the Johannesburg magistrate’s court and was released on R5,000 bail.
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The legal battle stems from a two-day raid in early July at Mphego’s home at Midstream Estate in Centurion. The operation was led by Lt-Col Maria Roodt as part of an investigation into conspiracy to commit murder, premeditated murder and defeating the ends of justice.
Mphego and Sgt Ishmail Phungu are alleged to have personally authorised the removal of Mfazi’s investigative files without any chain of custody.
“The events culminating in this application arise from an unlawful, intrusive, and unconstitutional search and seizure operation conducted by the South African Police Service at my private residence and primary place of business,” said Mphego.
Mphego’s legal team, BDK Attorneys, discovered that the Tembisa magistrate’s court, where the search warrant was allegedly issued, has no record of the application.
“By seizing and retaining my primary cellular handset and SIM card, the second and third respondents have severed my digital medical safety net,” Mphego states in his affidavit.
However, court papers state that no further response has been received from the police. Police have filed papers stating their position.