SAPS kick victim’s family out of court when soccer star Shaune Mogaila makes appearance
When the football star accused of causing the crash that killed Gomolemo Mavimbela (9) appeared in Tembisa Magistrates Court yesterday (6 November), members of the South African Police Service (SAPS) ejected her father and aunt, displaying callous disrespect for victims of crime. AfriForum’s Private Prosecute Unit, which represents the family, accompanied Tshepo Kekana and Florah Mathipa, and witnessed how the police instructed the pair to leave while allowing the accused, Shaune Mogaila’s supporters to attend the proceedings. Members of the unit rejected the instruction and remained in court to witness proceedings and provide feedback to the family.
Gomolemo was killed on Andrew Mapheto Road in Tembisa on 30 October, 2024, when Mogaila’s car collided with her mother, Keo Mavimbela’s car. Thando Khethiwa, the son of Mavimbela’s friend, was critically injured as well. The Sekhukhune United winger allegedly fled the scene and handed himself over to the police later that day. He was granted bail of R20 000. The unit also represents Thando’s mother, Carol Khethiwa. Mogaila faces charges of culpable homicide and reckless and negligent driving.
Barry Bateman, spokesperson for the unit, says Gomolemo’s mother, Mavimbela, approached the unit in July precisely because she feared that the accused was receiving preferential treatment. “It is unconscionable that a person accused of killing a child is allowed to have supporters in court, while the parents and relatives of the child are denied the ability to witness the administration of justice. This is one of the cruellest examples of the state failing victims of crime, and it highlights the collapse of the criminal justice system, which seemingly bends over backwards to accommodate the needs of an accused at the expense of victims of crime. AfriForum’s Private Prosecution Unit stands firm against this kind of injustice and will approach the authorities to address the issue,” says Bateman.
Kekana says this was not the first time he and his family have been treated like this at the Tembisa Magistrates Court. “It’s not good because I’m a victim of crime and I am not allowed in court. They’ve postponed the matter again, but if there wasn’t someone inside how was I supposed to know that? I just wish that the law can take its course and then we get closure on this matter,” he said.
Bateman says the sergeant who kicked Gomolemo’s family out of court justified his actions, claiming that he was in charge and that this was how he managed access to the courtroom. “The Tembisa Magistrate Courts appear to be closed to the public, with only accused persons, their supporters, and legal representatives allowed into courtrooms when their cases are called. The police’s conduct means that all cases that are supposed to heard in open court are being heard in camera. It is deeply concerning that this arrangement appears to have the tacit approval of other players in the criminal justice system,” said Bateman.
The case has been transferred to the regional court, and Mogaila will appear again on 17 November, 2025.
In a separate case, the Private Prosecution Unit secured a recent success with the conviction of reckless driver Vusi Shongwe, who, more than two years after a fatal car crash that killed two bakery workers, including the sister of AfriForum staff member Julia Matsho, was sentenced to three years in prison. He pleaded guilty and was sentenced on Tuesday, 23 September 2025. On 20 August 2022, Violet Matsho and Senzo Sithole died at the scene of the crash in WF Nkomo Street, Pretoria West.
Matsho, Sithole and three other colleagues were on their way home to Atteridgeville from work at around 2:30am on 20 August 2022. According to the other passengers’ affidavits, a car driven by Shongwe veered onto their side of the road before colliding head-on with the car they were in.
Julia approached the unit for assistance in November of last year, concerned that the case was not being properly investigated. The last time she or her family were contacted by the police or informed of the status of the case was November 2022. The case was led by Slang Maangwale, a Private Prosecution Unit investigator who initiated contact with both the SAPS and the National Prosecuting Authority (NPA) to ensure the matter was brought to the attention of senior officials, and who followed up on the case on a regular basis to ensure it was eventually prosecuted.
Julia said her family would never have found closure if it wasn’t for AfriForum. “I’m very happy today, because for nearly three years we weren’t told anything about this case. AfriForum is the one who pushed that case. Today we got closure. My sister is resting in peace. Today we are healing because we know that man is going to jail. That pain he caused our family; today he is the one who is feeling that pain.”
Bateman says based on the unit’s experience the cases referred to it, the authorities don’t take culpable homicide cases seriously. “It appears that the zero-tolerance approach law enforcement authorities take to traffic offences no longer applies when someone is killed in a collision. Often, investigations are never completed and the matters not enrolled to ensure the perpetrators are held accountable. The only way to address reckless driving is to ensure perpetrators are held accountable. We are truly happy for the closure Julia and her family has found because of this conviction, but it only happened following the Private Prosecution Unit intervention.”
