Africa-Press – South-Africa. The Limpopo High Court in Polokwane has granted orders for the urgent exhumation of late business tycoon Theo Mphosi’s remains, with a strict set of instructions on how tests and processes aimed at establishing his cause of death must be carried out.
On Tuesday, Judge Gerrit Muller ordered local health and municipal authorities to grant the permit needed for the disinterment of Mphosi’s remains within two days of his ruling “for the purpose of removal for a forensic examination of the mortal remains of the deceased and to assist in a criminal investigation”.
The exhumation process, which will be attended by several of Mphosi’s family members, but closed to the media, is now set to take place in the next two weeks.
It follows an urgent application launched by Mphosi’s sister, Moditswi Cindrella Ramokoto, who – supported by the evidence of forensic experts – had raised serious concerns about her 40-year-old brother’s sudden death and the seemingly deficient way in which it had been investigated.
In court papers, she detailed how her brother’s symptoms “immediately before death” included “slurry speech” that made him appear to be drunk (without him smelling of alcohol), “arousable somnolence (sleepiness)”, “seizure like stiffening” and “choking”.
“These symptoms occurred within a short period of time and are not characteristic of any obvious natural disease but very suspicious of a toxidrome [toxic substance].
She stated:
These tests were not, however, done. Nor was Mphosi’s blood alcohol level tested.
Instead, a 6 June 2022 autopsy report, which was conducted by a Dr Moleka Vincent Mojapelo, concluded Mphosi’s death was consistent with pneumonia.
His official cause of death was then listed as Covid pneumonia, despite there being no evidence he was sick with Covid-19.
Court papers also revealed Ampath Laboratory test results did not support Mojapelo’s conclusion Mphosi had died of Covid-19.
In a seven-page ruling handed down on Tuesday, Muller ordered the police to work with experts appointed by Ramokoto to ensure a second autopsy be conducted on Mphosi the day after his remains are exhumed.
Working with Limpopo’s director of State Forensic Pathology Services, Dr Arnold Thakadu Mamashela, Muller ordered expert pathologist Dr Sipho Mfolozi to “collect any samples deemed necessary for further testing and forthwith submit such samples to the SAPS forensic science laboratory and other forensic laboratories”.
The judge also made provision for forensic expert Dr Tim Laurens “to immediately analyse in combination with the National Health Laboratories … and if necessary with the assistance of international testing laboratories, such of the samples as is necessary in order to conduct the forensic toxicology tests as requested by Dr Sipho Mfolozi together with the state pathologist”.
This process would be carried out “for the purposes of establishing the likely cause of death and any other information that may assist the SAPS in the investigation of the circumstances surrounding the deceased’s passing”, Muller said.
He granted requests by Mphosi’s widow, Nchadi, and his father, Sidipa, that they also have their own expert pathologist, Dr Hestelle van Staden, attend his exhumation and second autopsy.
Van Staden will further be empowered to be allowed to take samples “which are deemed necessary by Dr Van Staden for the purposes of establishing the likely cause of death of the deceased”.
According to the orders given by Muller, Mphosi would be reburied a day after his second autopsy was completed “in terms of his family’s traditions and beliefs, and in such a manner in which he was originally buried”.
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