Anti-Gang Unit members outside the Cape Town home of police investigator Colonel Charl Kinnear, who was gunned down on 18 September 2020. (Photo: Brenton Geach / Gallo Images) 
The father of an Anti-Gang Unit (AGU) member charged with the murder of an alleged gang boss in Cape Town has filed a formal complaint against Athlone magistrate Nathan Johnson after his son was one of 10 AGU officers denied bail in December 2025.
The father alleged that the ruling reflected an inconsistent application of bail principles and was procedurally unfair.
The officers, including Janine May, who was released on R1,000 bail due to health challenges, face charges of murdering alleged former gang boss Wade Price, assault with intent to cause grievous bodily harm, kidnapping, torture and defeating the ends of justice.
In his complaint, Clifford Isaacs, the father of AGU member Clayton Isaacs, called for transparency on how Johnson, who is presiding over the case, was deemed fit and proper for appointment, and whether it was known at the time of his interview and appointment that he was the subject of a scathing judgment in the Western Cape Division of the High Court.
The judgment Isaacs refers to is Ray Burt v Additional Magistrate, Director of Public Prosecutions, and the Minister of Justice and Correctional Services, in which acting Judge Nontuthuzelo Ralarala and Judge Nathan Erasmus set aside Burt’s August 2017 conviction and sentence.
The court found that Johnson, at the time a senior prosecutor, unlawfully approached Burt without his lawyer present, threatened him with imprisonment if he pleaded not guilty, and induced a guilty plea before transferring the matter without the knowledge of Burt’s legal representative.
Against this backdrop, Isaacs is questioning Johnson’s suitability to preside over the AGU bail applications.
‘Transparent response’
“We demand a transparent response as to how an individual like Mr Johnson was deemed to be a fit and proper individual deserving of an appointment as a magistrate and whether it was known, at the time of his interview and appointment, that he was the subject of a scathing Western Cape High Court judgment,” Isaacs’ complaint reads.
The 10 AGU members who were denied bail are Isaacs, Gavin Overmeyer, Ashley Luyt, Renaldo Darries, Zamahlubi Maya, Lamar Klaaste, Edwell le Grange, Aldan Gentles, Curtis February and Emile Jansen.
The State contends that Price was arrested and kidnapped on 4 December 2025 and died the following day after being interrogated by the AGU members. It is alleged that apartheid-era torture techniques may have been used, including drowning and smothering Price.
On Wednesday, 21 January, Eric Ntabazalila, the National Prosecuting Authority (NPA) regional communication manager, said: “We can confirm receipt of the complaint. The NPA is considering it.”
Appeal against bail refusal
In addition to the complaint, advocate Bruce Hendricks, representing the AGU members, has appealed the bail refusal to the Western Cape Division of the High Court, citing 64 grounds on which he says the magistrate erred.
One of Hendricks’ central grounds of appeal is: “The court misdirected itself in its judgment when it stated that ‘The State has preliminary forensic evidence that will confirm how the death occurred’ in circumstances where no such preliminary report was furnished during the bail hearing.”
Hendricks also argued that the court misdirected itself by accepting the investigating officer’s version without considering whether there was evidence to sustain the allegations.
“An investigating officer’s opinion, which merely amounts to a statement without supporting evidence, lacks probative value and should not be relied upon,” he emphasised.
Hendricks also argued that, “The court misdirected itself by imposing its own religious view in the judgment when it referred to the Book of Colossians.”
The South African Police Union criticised the bail denial, saying the AGU members were not flight risks and would not interfere with witnesses, and said it would seek urgent high court intervention to challenge the ruling.
Death by unnatural causes
Lizzy Suping, spokesperson for the Independent Police Investigative Directorate (Ipid), confirmed that the watchdog’s investigation found that Price had died from unnatural causes, adding that further details would be revealed during the trial.
Price died on 5 December 2025, following questioning linked to a shooting outside the Athlone Magistrates’ Court two days earlier.
/file/attachments/orphans/murderedWadePrice_943117.jpg "Wade Price, who was allegedly murdered by 11 AGU members on 5 December 2025 in Manenberg, Cape Town. (Photo: Supplied)")
On 4 December, AGU members tasked with investigating the shooting descended on a property in Manenberg, Cape Town, where Price and his alleged gang associates were gathered at a social event.
Price and two of his alleged associates were arrested and taken into custody at Manenberg Police Station. It is alleged that Price was later taken to a property on Vygekraal Road in Manenberg, where he was tortured and killed.
The affidavit of the investigating officer that was read into the record during the failed bail application states that Ipid observed, “that inside the bathroom of the accused’s home in Manenberg, something sinister had occurred. Inside the bathroom was found a wet cloth, with vomit, and it was observed that [an] apartheid-torture technique was possibly used on the deceased by drowning or ... smothering the deceased”.
Ipid spokesperson Suping said: “It is alleged that the deceased died during the interrogation and questioning of possible suspects, as part of an inquiry into the murder that occurred near the Athlone Magistrates’ Court. Police alleged that the deceased complained of ear pain and collapsed.”
The State claims it has CCTV footage, witness testimony, evidence of kidnapping and medical reports documenting Price’s injuries.
Public outrage
The ruling sparked widespread condemnation, with critics pointing to the case of alleged underworld figures — the late Mark Lifman, murdered alleged 27s gang boss William “Red” Stevens, and alleged Sexy Boys leader Jerome “Donkie” Booysen — who were arrested on a murder charge linked to the killing of international steroid smuggler Brian Wainstein and each released on bail of R100,000.
The Western Cape Director of Public Prosecutions, advocate Nicolette Bell stressed that the AGU officers were subject to the same legal protections and prohibitions against abuse as any other suspects.
/file/attachments/orphans/Presentation233_284224.jpg "Advocate Nicolette Bell. (Photo: GCIS)")
Accused set out their version
In their bail appeal, the accused AGU members all stated in the affidavits, “At no stage did I, or any colleague, unlawfully assault, murder, or abduct anyone. I acted solely within the scope of my duties, in line with lawful instructions, and with the safety of the public as my priority.”
In their affidavits, they said they voluntarily handed themselves over to Ipid at the Athlone Police Station on 11 December 2025. They claimed that the Ipid officer indicated he would not oppose bail of R1,000.
They raised concerns over their continued detention, including:
- “I fear deeply that if I am detained, I will be placed in direct proximity to individuals I have personally arrested. These individuals may see my detention as an opportunity to retaliate, harm me, or intimidate me.”
- “Correctional facilities often house gang members or individuals associated with gang activities. Despite any protective measures, the risk of being identified, intimidated, or subjected to retaliatory harm remains high.”
- “My role as a law enforcement officer in high-risk operations makes me a potential target, and I would face continuous anxiety and danger if detained alongside individuals who may seek revenge.”
No money for bills
One of the mothers of the 10 Anti-Gang Unit members denied bail wrote that her family was on medication to cope with the ordeal, which had been worsened by the sudden suspension of his salary and benefits.
Responding to questions about this, SAPS spokesperson Colonel Andrè Traut said, “Any decisions relating to suspension, remuneration, disciplinary procedures or legal support are handled internally and on a case-by-case basis. The matter referred to remains before the courts, and it would therefore be inappropriate to comment further.”
The accused will return to the Athlone Magistrates’ Court on Thursday, 29 January for a postponement, while their appeal is set down to be heard in the Western Cape Division of the High Court on Friday, 30 January. DM