Things were not balancing ahead of Magaqa assassination, says witness

UMzimkhulu municipality mayor Jabulisile Msiya, who  witnessed the ambush that later claimed the life of PR councillor Sindiso Magaqa, told the Pietermaritzburg court she was alarmed at seeing the work done at the local hall compared with the funds allocated to it. 

“When we saw the ground works and the money that was used, it was not the same. There were two lifts which had been purchased, but there was no headway in as far as the walls,” said Msiya.

Msiya was still an executive councillor (Exco) at the time. 

She was being cross-examined by advocate Mdu Mvune representing Mbulelo Mpofana.

Mpofana is charged alongside Sibonelo Myeza, Mlungisi Ncalane and Sibusiso Ncengwa.

The testimony got off to a rocky start as Mvune asked that Msiya declare her academic credentials to court, much to the annoyance of state prosecutor, Adv Lawrence Gcaba.

The presiding judge, however, granted Mvune questions.

The court learnt that the witness holds diplomas in education and municipal management.

Msiya has in the past been hauled before the Moerane commission where she testified about the ructions that plunged the municipality into controversy.

She said when they were making their way back from a meeting she had stressed that they should come back early, fearing for their safety after two ANC councillors had been shot.

During the time of the murder the uMzimkhulu region was divided into two camps, with one backing Zamo Nxumalo, while the other was throwing its weight behind Zweliphansi Sikhosana. These factions were vying for the ANC’s regional elections.

Msiya and Magaqa had thrown their lot behind Nxumalo. She said the meeting which preceded their ambush was without tension as the participants were members of the same camp.

She also told the commission that while she had not in the past enquired about Magaqa’s security detail, she was aware his bodyguard was not being bankrolled by the troubled municipality’s funds. She did not know whether Magaqa had been armed during the incident.

“When he was injured he said we should assist him out of the car as he was unable to walk,” said Msiya. 

Msiya was also cross-examined by Adv Shane Matthews.

She told the court they had often been sidelined from seeing the contents of the auditor-general report on the hall. She blamed municipal manager Skhosana for this.

“I have not seen the report. The report was not given to me, Magaqa and another councillor,” said Msiya.

They did not try to obtain the report themselves from the  AG.

This was followed by a 74-page public protector report that ruled favourably towards the projects. The reports concerned the maladministration, corruption and funds used for the restoration of uMzimkhulu town hall.

She felt had they been given an opportunity to access the AG report, this would have seen a different conclusion in the public protector report.

“We would have made mention of the things we were not happy about,” said Msiya. “I was left behind when people went to the public protectors.” 

She rebuffed assertions made by Sikhosana to Matthews suggesting that she did not know how the municipality operates.

“If that was the case I would not be a councillor or a mayor. At the time when the public protector’s report was made public we had already been silenced and I was afraid,” said Msiya.