--- title: "Police and NPA liable for Gqeberha murder by man out on bail" description: "The Gqeberha High Court has found the minister of police and National Director of Public Prosecutions negligent." type: "NewsArticle" publisher: "Daily Maverick" site: "https://www.dailymaverick.co.za" section: "GROUNDUP" author: "Tania Broughton" author_url: "https://www.dailymaverick.co.za/author/tania-broughton-for-groundup/" canonical_url: "https://www.dailymaverick.co.za/article/2026-09-21-police-and-npa-liable-for-gqeberha-murder-by-man-out-on-bail/" published: "2026-09-21T17:13:54" lang: "en-ZA" word_count: 770 --- # Police and NPA liable for Gqeberha murder by man out on bail > The Gqeberha High Court has found the minister of police and National Director of Public Prosecutions negligent. By Tania Broughton · Published 21 September 2026, 19:13 SAST ## Key points - Eastern Cape High Court finds the minister of police and the NDPP negligent and liable to pay damages to the widow and two children of 42‑year‑old plumber Clint Ovrenovitz, murdered while fishing in Gqeberha in December 2014; damages and costs to be determined. - The killer, Siphumelele Phethelo — described by police as “most wanted” and later jailed for life — was on bail for another murder, lied about prior convictions and was freed after systemic failures in recordkeeping and bail oversight. - Judge Bantubonke Tokota held police and prosecutors had a legal duty to act when Phethelo breached his bail: they failed to charge him for non‑appearance, did not properly check or act on the SAP69 record (updated 24 Jan 2014) and effectively enabled his release. - The Ovrenovitz family sued in 2016; the July judgment (recently publicised) exposes gaps in the bail system, criminal‑record administration and prosecutorial accountability — and forces the state to answer in damages. ## Content In December 2014, 42-year-old plumber Clint Ovrenovitz was murdered while fishing at the Swartkops River in Gqeberha by two men, one of whom was out on bail for murder and was considered by police to be among their “most wanted” criminals. Now the Eastern Cape High Court in Gqeberha has ruled that the minister of police and National Director of Public Prosecutions (NDPP) are liable to pay damages for negligence to Ovrenovitz’s widow and her two, now adult, children. The amount to be paid is still to be determined, either through negotiation or at a separate trial. Judge Bantubonke Tokota heard the family’s liability claim earlier this year and handed down his judgment, which only recently came to light, in July. It examined the actions of Siphumelele Phethelo, who was eventually convicted of murder and other charges, and sentenced to life imprisonment. Phethelo was 21 when he was arrested for the murder of Ovrenovitz. He and his co-accused “reeked of alcohol” and were found in possession of Ovrenovitz’s wallet, the criminal trial revealed. It emerged during his bail hearing that he was, at the time, on bail in connection with another murder. In 2016, Claire Ovrenovitz and her two children launched civil proceedings against the minister and the NDPP for negligence. Read the judgment [here](https://groundup.org.za/media/uploads/documents/26.pdf). In her evidence before Judge Tokota, she said her husband, a plumber, was the breadwinner. He was a keen fisherman and they had been happily married. Had the authorities done their jobs properly, her husband would be alive, she said. During the trial, the State defendants, who denied any liability, said Phethelo was arrested in June 2013 for the murder of a Mr Henry. He was released on bail later that month. While on bail, he was again arrested for assault with intent to do grievous bodily harm. In November 2013, he twice failed to appear in court for the Henry murder. His bail was cancelled and a warrant issued for his arrest. Later that month, he was convicted on the assault charge and given a suspended sentence. On 14 January 2014, he was arrested for the Henry murder charge. He applied for bail the next day. His assault conviction from November 2013 had not yet been uploaded on the criminal record system (SAP69), although the South African Police Service’s policy was that an investigating officer must submit the results of a trial to the criminal record centre within seven days. He was granted bail of R300. He paid it in April 2014 and was released from custody. The prosecutor who handled the matter said Phethelo had made an affidavit in support of bail, stating that he was going to plead not guilty and he had no previous convictions. The investigating officer did not object to bail and according to the SAP69, which was in the docket, he had no previous convictions. In December 2014, Phethelo robbed and murdered Ovrenovitz. He was convicted of the crime in 2016. ### Legal duty Judge Tokota said it was common cause that Phethelo was on bail in respect of the Henry murder charge and that he had lied when he stated he had no previous convictions. The judge said it was also common cause that the defendants had a legal duty to the Ovrenovitz family to ensure that Phethelo was dealt with in terms of the law after he was arrested for breach of his conditions of bail in the Henry murder matter. The prosecutor had a statutory duty to charge him criminally for failing to appear in court while he was on bail. “When Phethelo was brought to court on a warrant of arrest on 14 January 2014, it was not enough for the prosecutor to merely hand over the warrant and accept the investigator’s opinion… He \[the investigating officer\] knew he was dealing with a ‘most wanted’ criminal. “He knew Phethelo was a violent person, yet he failed to investigate whether or not he had any previous criminal records. “Phethelo only paid bail on 22 April 2014. The records were updated on 24 January 2014 and therefore his criminal record was available before he was released.” Judge Tokota said that, given that Phethelo was a “most wanted” criminal, he had skipped bail and had committed a violent crime while on bail, the investigating officer and prosecutors had a legal duty to properly investigate the situation, especially in light of the fact that the SAP69 had been updated on 24 January 2014. He ruled that the minister and the NDPP are liable to pay damages to the family and pay costs. **DM** *First published by*[*GroundUp*](https://groundup.org.za/article/police-and-prosecutors-liable-for-fishermans-murder-by-man-out-on-bail/)*.* ![Image](https://counter.groundup.org.za/pixels/dailymaverick_2026-09-21_police-and-prosecutors-liable-for-fishermans-murder-by-man-out-on-bail)