Dwarika murder accused's bid to retract confession fails

A KwaZulu-Natal man who pleaded guilty to kidnapping Mangosuthu University of Technology engineering lecturer Chanlall “Shan” Dwarika lost his bid to retract his confession.

Kwanele Makhaye, 29, claimed his statement was made under duress after Lt-Col Sthembiso Vezi allegedly assaulted him until his ears bled.

Makhaye said he believed his constitutional rights had been violated, prompting a trial-within-a-trial last week. This was in connection with the disappearance of the 62-year-old father on May 28 from his Sea Cow Lake property. He was found dead six days later.

Makhaye who is charged with Siyabonga Freeman Mahaye, 35, Thobani Mhlongo, 23, and Sihle Mkhize, 23, face kidnapping, robbery with aggravating circumstances and murder charges.

Durban high court judge Nompumelelo Radebe dismissed Makhaye’s claims on Monday.

“The court finds no reasons to reject a statement set made [to] Vezi.”

She said the statement was made freely and voluntarily.

Prosecutor Krishen Shah called Vezi, who read Makhaye’s confession into the court record.

Makhaye, 29, who is from Ntulwane near Nkandla in northern KwaZulu-Natal, said he started living at Dwarika’s property in 61 Maynard Road Sea Cow Lake in January 2023.

His duties was to guard the house with Mhlongo and Mahaye. He said Dwarika promised to pay him R8,000 while his colleagues would jointly receive R15,000.

He said on May 28 last year Dwarika visited the men and said he wanted them to put up a gate at his property.

Mhlongo, Makhaye and Mahaye questioned Dwarika about money he owed them. They claim he said he would go with them in his car to withdraw money from an ATM.

Mahaye was given the bank card by Dwarika to make the withdrawal and buy alcohol but he didn’t return. Makhaye drove them to Puntans Hill where they picked up Mkhize. 

Dwarika suggested they should go to his home in Verulam as his wife had money which he could access but on the way they realised he had sent a message to a security company alerting them he had been hijacked.

They then drove to Inanda where they killed Dwarika. Mhlongo was identified as the person who slit Dwarika’s throat.

Makhaye asked Mkhize to burn the vehicle as it had their fingerprints inside.

He and Mhlongo stayed in Inanda where they were later arrested.

The case continues.

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