Hardien family seeks docket after killer’s 2032 parole eligibility - IOL

Murdered five-year-old Rafique Hardien went missing after playing at a neighbour's house in Portland on August 11, 2004.

The family of murdered five-year-old Rafique Hardien is seeking access to the police docket after learning that convicted killer Richard “Junior” Engelbrecht will be eligible for parole consideration in September 2032.

DCS spokesperson Logan Maistry said: “The Department of Correctional Services (DCS) can confirm that offender Richard Engelbrecht is currently serving a life sentence at Worcester Male Correctional Centre.

“He will be eligible for parole consideration as of September 2032, in line with applicable legislation, policies and prescripts.”

The news has come as a shock to the family of five-year-old Rafique Hardien, who are appealing to authorities to allow them access to the docket through a Promotion of Access to Information (PAIA) application.

They want to determine why the Directorate of Public Prosecutions (DPP), National Prosecuting Authority (NPA) and SAPS determined that Engelbrecht could not be prosecuted for the little boy’s murder.

Rafique had been playing next door at Engelbrecht’s home in August 2004 when he disappeared.

Seventeen days later, his decomposing body was found dumped and wrapped in plastic near the Westridge swimming pools in Mitchells Plain.

A formal inquest was conducted, with Engelbrecht and his family as primary witnesses.

In 2007, Engelbrecht was arrested and charged with the murder of his girlfriend’s 11-year-old daughter, Annestacia Wiese. The child had also been reported missing, and her body was found two days later, hidden inside the ceiling of her home in Woodlands.

Engelbrecht is currently serving three life terms for the rape and murder of Annestacia.

He was also sentenced for the rape of his three-year-old stepdaughter and for stabbing an American student in the head at a museum in Cape Town.

During the same period, Engelbrecht's foster brother, Ricardo Engelbrecht also disappeared.

In 2021, the DPP and NPA said that Engelbrecht did not confess to the August 2004 murder of Rafique, but claimed that a coffee table had fallen on the child.

At the time, Eric Ntabazalila said a report from the DPP had been sent to Hardien’s family explaining why they could not prosecute. He also said that a witness had promised to give a statement but never did, while the witness’s lawyer was missing.

In 2021 the NPA said: “Attempts were made to obtain a statement from the witness (the name has been excluded as he was not charged and didn't make a second statement).

“Although he initially indicated that he did not tell the truth during the inquest and will now tell the whole story of Mr Engelbrecht’s involvement in the death of the deceased, he subsequently refused to speak to the investigating officer and referred him to his lawyer.

“In view of the credibility finding regarding his testimony during the inquest, the fact that he would have to be compelled to give a statement and the fact that he may also be directly involved in the death of the deceased, it is doubtful that, should he eventually give a statement, he will be a credible witness in this matter.”

This week, the NPA and SAPS did not respond to queries.

Provincial police spokesperson Captain FC van Wyk said SAPS was not aware of the family’s request for access to the docket.

“Kindly be advised that Mitchells Plain SAPS is not aware of any official request by the complainant,” he said.

Weekend Argus has since tried to reach Annestacia’s family but to no avail.

A newspaper article after Richard "Junior" Engelbrecht showcasing the community's anger following the rape and murder of Annestacia Wiese in 2007.

Rafique’s brother, Redaa Hardien, who spoke on behalf of the family, said they were appealing for access to the docket because they had several questions regarding the investigation.

They questioned why key witnesses, particularly a relative of Engelbrecht’s, were not interviewed; why SAPS did not investigate the disappearance of his foster brother and how DNA evidence was handled.

“We still have to be strong after so many years, no one knows the pain that we have as a family,” he said.

“He (Engelbrecht) must rot in jail. Why was the analysis of the sweater he was wearing not done properly, there was no lubrication on it.

“They didn't even test what liquid it was, whether it was sperm.

“Up until now no investigator came to us.

“There is a crucial witness, a relative of Engelbrecht’s, who he apparently admitted he did it and confessed. Why did the police not go and take that person’s statement?

“This person said what Junior told her, but they will say it is hearsay.

Annestacia Wiese was raped and murdered by Richard "Junior" Engelbrecht.

Former police officer Charles Julies, who worked in the Missing Children’s Unit for SAPS, continues to assist the family. He is also an activist who serves in various roles in the community.

Julies said SAPS had failed the family by not to revisiting the interviews of credible witnesses.

“He should have been charged with perjury (referring to the key witness mentioned by the NPA), the one who changed his statement, he was the one who could have solved the case.

“He said is prepared to speak but with his lawyer."

Julies said he suspected that the body had been stored somewhere before it was eventually dumped.

“This witness is the main key to this case, the police would say they could not find the witness, I mean it has been so many years,” he said.

Julies added if the family had access into the docket, it would give them more perspective of how the case was handled.

Phaladi Shuping, Independent Police Investigative Directorate (IPID) spokesperson, said if the family wished to pursue a case or complaint against SAPS they were advised to contact a different body and not IPID.

“This case does not fall within the mandate of IPID because the alleged perpetrator is not a police officer,” he said.

Shuping advised that the family approach the Civilian Secretariat for Police Services (CSPS) who are responsible for service delivery issues relating to the police.

Queries to national police spokesperson, Brigadier Athlenda Mathe went unanswered.