KEY POINTS
- A former police reservist, Johan van der Merwe, was convicted of murder for shooting and killing Marlon Fuller, a father of three, during a Covid-19 lockdown curfew in Hanover Park, Cape Town.
- Van der Merwe claimed self-defence, but evidence showed he acted unlawfully, firing a shotgun into a crowd that included children and was unarmed.
- The case has been postponed to April 14 for sentencing, with Van der Merwe also found guilty of illegal possession of ammunition
A former police reservist has been found guilty of murder after shooting and killing a father of three during a late-night confrontation with residents of Hanover Park in Cape Town.
The incident occurred during the strict Covid-19 lockdown in December 2020, when a curfew was in place to curb the spread of the virus.
Marlon Fuller, the victim, was fatally shot outside Cascade Court just after midnight on December 6, 2020. Fuller had stepped out to call his children inside to comply with the curfew. Tragically, he never returned home.
The Wynberg Regional Court heard that Fuller’s children were part of a group of 15 people playing card games outside. The group was unarmed and not engaged in any violent activity.
The court also learned that the police reservist, Johan van der Merwe, had been issued a shotgun without ammunition as a deterrent in high-risk areas.
“They came across a group of people in front of the block of flats, and they instructed them to go into their houses. They complied. Another group outside Cascade Court did not comply, and the commander heard a loud bang as he loaded a young man into the back of the police van,” said National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila.
“There were children among the crowd, and the crowd did not have any weapons on them. Nobody gave the accused the round used in the shotgun. His police station did not have any shotgun rounds to issue at the time,” Ntabazalila added.
Reservist claims self-defence
According to Timeslive, Van der Merwe testified that he shouted ‘lie-down, lie-down’ in Afrikaans to the crowd, which he claimed became hostile.
He alleged that he tried to call for help via radio, but it fell to the ground, where he found a shotgun bullet. He loaded the weapon and, despite not having permission to fire, shot into the air to control the crowd.
However, State prosecutor Gregory Niemand argued that all evidence pointed to Van der Merwe acting unlawfully.
“Despite Van der Merwe claiming to have acted in self-defence, the evidence shows that his actions were unjustified. The police, at the time, did not deem it necessary to shoot based on their engagements with the crowd,” Niemand stated.
The shooting caused the crowd to “erupt,” leading police to fire tear gas to disperse them. The court found that Van der Merwe’s actions were not in line with police protocol and that he had acted recklessly.
Van der Merwe was convicted of murder and illegal possession of ammunition. The case has been postponed to April 14 for sentencing, where the court will determine an appropriate punishment for the former reservist.
