‘The moment she refused therapy, her health status should have been reclassified’

SANDF official still at work despite suicide attempt

A Senior military judge has escaped prosecution for attempting suicide because some of the SA National Defence Force’s top brass allegedly believed her claim that she had been bewitched.

The defence force’s first black female judge, Colonel Phildah Nomoyi, 41, doused herself with petrol and set herself alight in her garage in June.

Now Thaba Tshwane ­ the military complex in Pretoria that is home to thousands of personnel from privates to generals ­ is buzzing with gossip about how Nomoyi escaped being booted from the force.

Nomoyi suffered second-degree burns and spent almost a month in Thaba Tshwane’s 1 Military Hospital, including more than a week in a psychiatric ward.

Attempting suicide is a serious offence in the military and officers face charges ranging from malingering to conduct unbecoming of an officer, which can get them fired or a sentence of up to five years in a military jail.

At least two senior officers claim that Nomoyi escaped sanction after some top brass accepted her explanation that she was “bewitched” when she tried to kill herself.

The Department of Defence, which has maintained a stony silence over Nomoyi’s fate since she was discharged from hospital in July, confirmed to the Sunday Times this week that she would not face any charges.

Communications chief director Siphiwe Dlamini declined to comment on reports that she had been let off the hook due to her witchcraft claims, and would only say: “Based on the facts at the disposal of the department, there are no grounds to lay any charges against Colonel Nomoyi.”

Nomoyi wept openly in court this week after agreeing to recuse herself from a case of road rage.

On Tuesday, military defence attorney Lieutenant-Colonel Mahlatse Modula told Nomoyi in open court that his client demanded that she remove herself from his case because she was “not fit” to try him as she had attempted suicide.

Nomoyi then allegedly became hysterical and rushed out of the court building in Thaba Tshwane to her car.

Defence force officers, who spoke to the Sunday Times on condition of anonymity because they would be “fired” if they spoke openly, were furious that Nomoyi got off scot-free and said her case “would open the floodgates” as troops would now cite witchcraft if they did something wrong.

The Sunday Times has established that Nomoyi refused treatment from a social worker and psychologist.

“The moment she refused therapy, her health status should have been reclassified, which meant she would not be allowed at work,” said an officer close to the investigation.

“She was not charged because her story that witchcraft was behind her actions was believed by her superiors.”

“This is setting a dangerous precedent because troops can now go to court if they are charged with being AWOL (absent without leave) and say they did not report for duty because they were bewitched.”

Brigadier-General Gert Slabbert, head of the directorate of military judges and Nomoyi’s immediate superior, refused to comment.

Director of military prosecutions, Brigadier-General Ruben Mbangatha, said he could only decide whether or not to prosecute an officer if charges were brought.

The adjutant-general, Major-General Bailey Mmono, who is the head of the military’s legal services department, declined to comment on the case beyond the defence department’s brief statement.

Nomoyi cut two calls requesting comment from the Sunday Times and refused to answer several others.

With acknowledgements to Prega Govender and Sunday Times.