Ex-SAPS general Mphego’s court bid fails in Sindile Mfazi murder probe

Mphego had asked the court to declare the raid unconstitutional. His application challenged both the warrants used to arrest and search him and the seizure of electronic devices, documents and other items taken from his property.

The court did not hear the substance of the challenge after finding that the application was not sufficiently urgent. The matter may still proceed, with Mphego expected back in court in November.

Challenge to the search and seizure

Mphego’s legal application was divided into two parts. The first dealt with the legality of his arrest and the search warrants that allowed police to enter his property and conduct the search-and-seizure operation.

The second part focused on the items investigators removed from the home. These included electronic devices and documents believed to be relevant to the investigation into Mfazi’s murder.

Because the application was struck off the roll on urgency grounds, the police investigation can continue unhindered. This does not amount to a final finding on whether the raid, arrest or seizure was lawful; it means the court did not deal with the challenge as an urgent application.

What investigators seized

The search was carried out by members of the SAPS National Cold Case Unit at Mphego’s Centurion residence on 6 July 2026. Police seized documents and electronic devices during the operation.

The material is expected to assist investigators as they examine the circumstances surrounding Mfazi’s murder. Mphego, 57, is a suspect in that investigation.

The seizure of electronic equipment can be significant in a criminal investigation because such devices may contain communications, records or other information relevant to the questions investigators are trying to answer. Whether any material will ultimately be used in court remains a matter for the investigation and any later legal proceedings.

Ammunition charge

Mphego’s arrest followed the search operation. He was granted bail after being accused of unlawfully possessing more than 100 rounds of police-issued ammunition, including R5 and 9mm ammunition.

Police spokesperson Brigadier Athlenda Mathe said the discovery raised serious concerns because Mphego had left the SAPS more than a decade ago. He is alleged to have possessed the ammunition without the required permit or authorisation.

Mphego’s legal team indicated that it intended to challenge the allegation. The ammunition matter is separate from the broader murder investigation, although both cases arise from the police operation at his home.

Case returns to court in November

Mphego appeared in the Johannesburg Magistrates’ Court a day after his arrest. He faces a charge of unlawful possession of ammunition in contravention of the Firearms Control Act 60 of 2000.

The state did not oppose bail, and Mphego was released on R5 000 bail. The court postponed the matter to 3 November for disclosure of the contents of the docket.

The disclosure process is expected to give the defence access to the information contained in the case docket. It can also help clarify the evidence supporting the ammunition charge and the issues that may be contested as the case develops.

The November appearance is also expected to provide an opportunity for an update on the progress of the investigation. The court’s decision to remove the urgent application from the roll leaves the police free to continue with their work while Mphego’s legal challenges and criminal case proceed through the appropriate processes.

Why the ruling matters

The failed urgent bid does not decide Mphego’s guilt or innocence in either the ammunition case or the Mfazi murder probe. It also does not determine whether the evidence gathered during the raid will ultimately be admissible.

Those questions may arise in future proceedings if the defence continues to challenge the warrants, the search, the arrest or the seizure of property. For now, the immediate consequence is that the investigation is not halted by the court application.

The case remains ongoing, with further developments expected when Mphego returns to court in November.