The three men linked to the brutal killing of Martin Nkosenhle Sithole, who made a witness statement relating to the murder of two ANC Youth League (ANCYL) members in 2016, pleaded not guilty in the Pietermaritzburg high court on Tuesday.
Sithole was supposed to testify in the case against former Newcastle mayor Ntuthuko Mahlaba, who was accused of murdering former ANCYL leader Wandile Ngobeni in 2016. Mahlaba was arrested in May 2019.
However, Sithole’s murder and the unwillingness of the four other witnesses led to the National Prosecuting Authority withdrawing charges against Mahlaba in August 2019.
The state alleges Sithole was standing outside his bottle store in Voortrekker Street, Newcastle, on the afternoon of May 12 2019 when he was ambushed by occupants of a VW Polo.
The accused, Philani Goodwill Thwala, 43, Panama Cyril Radebe, 42, and Mmelo Ntokozo Nxumalo, 41, are out on bail.
The accused are also alleged to have attempted to murder Xolani Madlabane, Nhlakanipho Madlabane and Zama Nhlapho, who were also in the vicinity.
Bullets also damaged properties including the bottle store, a Toyota vehicle and a doctor’s surgery. The state alleges the accused acted in common purpose.
Deputy director of public prosecutions Lawrence Gcaba told the court on Tuesday that several witnesses had deposed to statements and affidavits.
“The evidence of some is formal and others is in-depth on how some of the accused are linked to the offences,” said Gcaba.
He said the first witness is expected to take the stand is known to Thwala and Radebe.
According to Gcaba, the witness had lent former Newcastle mayor Mahlaba his Ford Ranger double cab. Mahlaba is currently a member of the provincial legislature.
“He could see Radebe driving the said bakkie around the month of May 2019,” said Gcaba.
CCTV footage will also allegedly show Thwala driving this vehicle on May 11 2019 at a Sasol filling station where he bought some items.
Another witness was a guest at Sintokha guesthouse who is expected to shed light on the bookings made by the alleged hitmen on May 12 2019.
“The witness will give a description of the vehicles and the people who came to the guesthouse,” said Gcaba.
The witness positively identified Thwala as being among the guests.
The state alleges the VW was the property of a Gauteng man who was robbed of his vehicle on July 2 2018 in Katlehong.
Gcaba said the state was in the process of securing a centralisation certificate for the offences committed outside of KwaZulu-Natal.
Employees of a gun shop will testify how on May 9 2019 about 80 live rounds of ammunition commonly used in AK47 assault rifles had been signed off.
Ballistic evidence will be led indicating the cartridge cases found at the scene after the shooting bore the same head stamps as those purchased by Thwala at the gun shop, Gcaba said.
The matter has been rolled over to Wednesday.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.