A Durban Metro Police officer who got drunk and shot his wife in a “premeditated” attack two years ago is back on the job and carrying a firearm after appealing against his discharge from the service.
Opposition parties and anti-abuse organisations have called for a high level investigation into the re-employment of Thandolwenkosi Mvuyana, who pleaded guilty to attempted murder in March 2008.
According to documents leaked to the Daily News, Mvuyana had more than 10 years’ service under his belt when he shot his wife in the leg during a drunken domestic fracas in February 2007. Arrested not long after, Mvuyana continued to serve on the Metro Police force for more than 20 months as he waited for the case to come to court.
He was sentenced to five years imprisonment, wholly suspended for five years, but was not declared unfit to possess a firearm. He was also ordered to pay his wife R5 000 in compensation. The municipality fired him not long after.
But Mvuyana is now back on the job, again carrying a service pistol after a controversial appeal hearing during which he was reinstated to his previous position within Metro Police, after serving a 10-day suspension without pay. The Metro Police firearm board is now expected to rule on whether Mvuyana is allowed to take his pistol home after shifts.
In deciding to reinstate Mvuyana, appeal officer VB Ngubane said that although the case involving the firearm was a “very serious” one, Mvuyana had showed remorse and had undergone voluntary treatment and counselling. Mvuyana was a victim of procedural irregularities because he had not enjoyed a speedy trial, Ngubane added.
“Since the incident took place while the member was off duty and no decision was made with regard to unfitness to possess firearms… the employer did not see the seriousness of the case which would have warranted the suspension from work,” Ngubane said.
The DA and IFP have now called for an executive committee investigation into Mvuyana, saying they were concerned with the way in which the matter was handled.
City management has also stepped in to challenge Mvuyana’s employment in the Metro Police.
“We are obtaining legal opinion on alternative charges to be laid against this employee,” said city manager Michael Sutcliffe.
Mvuyana’s lawyer this morning said he would consult with his client before issuing a statement to the media.
DA caucus leader John Steenhuisen is now poised to initiate separate legal or disciplinary action, if the firearm board allows Mvuyana to take his firearm home.
“The shooting of a woman with a firearm owned by someone in the service of the municipality is an extremely serious offence.
“I am not comfortable knowing a man who was under the influence when he shot an innocent person is back on duty and has access to firearms,” Steenhuisen said.
An angry IFP caucus leader, Theresa Thembi Nzuza, said she was concerned about the state of Metro Police.
“A criminal is a criminal. We do not need people like this in Metro Police. And as a woman activist, I feel for his wife,” she said.
Levels of domestic abuse and incidents of violence were higher in police homes, and a suspended sentence and 10-day suspension were a slap on the wrist, said Selvie Pillay of the Advice Desk for the Abused.
“In all fairness, people can be remorseful or regret what they have done, but cases like this are often not treated seriously enough. We know that police operate under stressful environments, but that is still no excuse for abuse,” she said.
