Africa-Press – South-Africa. The sister of late Limpopo tycoon Theo Mphosi is seeking the urgent exhumation of his body so that a second autopsy, including toxicology testing, can establish what exactly caused his sudden death.
“Every day that my late brother’s body is not exhumed, and a forensic investigation is not [carried out], prejudices the ability to reliably ascertain the true cause of his death and to bring justice and closure to his loved ones,” businesswoman Moditswi Cindrella Ramokoto wrote in papers filed at the Limpopo High Court in Polokwane on Monday.
“Equally, it prejudices the ability of the SA Police Service to fully investigate the matter and, if need be, of the National Prosecuting Authority to ultimately bring it before the criminal justice system.”
Mphosi, a 40-year-old father of five, died after attending a tombstone unveiling on 5 June 2022. He had previously been “fine, with no complaints of coughing or pain”, but suddenly had a fit, according to his bodyguard. He died shortly after arriving at a hospital in Ermelo, Mpumalanga.
As the head of his family’s Rheinland group of companies, Mphosi had overseen businesses in construction, petroleum, logistics, restaurant and sports – with the group’s Global Oil sponsoring Limpopo soccer team Baroka FC.
EFF leader Julius Malema, EFF MP Vuyani Pambo and Deputy Police Minister Cassel Mathale attended Mphosi’s funeral, with Malema describing the businessman’s passing as “premature”.
According to Limpopo newspaper Review Observer, Mphosi’s uncle Molebatsi Mohlahlana wished that “should his death have been orchestrated, those who propelled it [will] not find peace”.
In court papers, Ramokoto 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”.
She said:
Tests were, however, not done and Mphosi’s blood alcohol level was never tested.
Instead, a 6 June 2022 autopsy report, which was conducted by Dr Moleka Vincent Mojapelo, concluded that Mphosi’s death was “consistent with pneumonia”. Mphosi’s official cause of death was then listed as “Covid pneumonia” despite there being no evidence that he was sick with Covid-19.
Court papers further reveal that Ampath Laboratories test results did not support Mojapelo’s conclusion that Mphosi had died of Covid-19.
Dr Sipho Mfolozi, a medical expert consulted by Ramokoto, also detailed several serious and inexplicable deficits in the autopsy report that Mojapelo produced. Mfolozi produced forensic reports on 1 August and 23 August 2023, which have been annexed to Ramokoto’s urgent exhumation application.
In an affidavit filed in support of Ramokoto’s application, Mfolozi confirms that, in his 1 August 2023 report, he showed that Mojapelo had determined Mphosi’s cause of death to be Covid pneumonia before getting the test results that failed to confirm that diagnosis.
“In essence, therefore, the cause of death of Mr TR Mphosi ostensibly remains UNDETERMINED,” he stated.
Mfolozi added:
He added that an exhumation of Mphosi’s body would allow for tissue and biological samples to be obtained “for post-mortem toxicology analysis”.
“One forensic histology procedure that was omitted is testing for the presence/absence of calcium oxalate crystals in renal tissue by polarised light. These crystals are seen after lethal ingestion of antifreeze and/or brake fluid (ethylene glycol). Ethylene glycol has a sweet taste and produces a state similar to being under the influence, but without the typical smell of alcohol on the breath, an observation that was made by the witness who was with Mr TR Mphosi on the morning of his death,” Mfolozi said.
He also told the court that the soil surrounding Mphosi’s coffin should also be tested.
In his 23 August report, Mfolozi concluded, among other things, that:
In light of this, Ramokoto argues that it is manifestly urgent that the high court order the exhumation of her brother’s remains from his burial site at Shakoleng Village in Senwabarwana, Limpopo, “so that a forensic examination can be performed”.
Supported by Mphosi’s broadcaster cousin Cathy Mohlahlana, she asks that Mfolozi be allowed to supervise the exhumation of her brother’s body and conduct a second autopsy on his remains. Forensic toxicologist and medical scientist Dr Tim Lourens will then analyse whatever samples are collected. The costs of this will be paid by Ramokoto.
In court papers, Ramokoto further reveals that one of the police officers investigating her brother’s death, Sergeant Vongani Precious Shihangule, filed a confirmatory affidavit in support of her application for the exhumation of Mphosi’s remains.
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