The men accused of murdering five members of a family, including a two-year-old and a month-old baby in Richmond, KwaZulu-Natal, walked free after the main witness died.
The brothers, Khulekani Zondi, 35, and Mhlonishwa Zondi, 22, appeared in the Pietermaritzburg high court on Monday.
They faced five counts of murder, four counts of kidnapping, one of malicious damage to property, robbery, theft and defeating the ends of justice.
The matter was set for trial, but state prosecutor Dheelan Naidoo told the court the state dropped the charges because the main state witness had died.
The victims’ family broke into tears in court after the judge confirmed the charges were dropped.
As the brothers left the dock with big smiles, the family could not contain their emotions and were escorted out of court.
The pair had been in custody since early last year after their bail was denied in February.
On November 16 2021, the family were kidnapped and reported missing at Boston SAPS, Richmond.
Less than a month later on December 13, the burnt and decomposed bodies of Bonokwakhe Khuboni, 40, Sizwe Mauris Ngcobo, 64, Thandazile Zondi, 41, two-year-old Fanelesibonge Ngcobo and one-month-old Libra Ngcobo were found in a forest in Richmond.
The state, through investigating officer Sgt Nhlanhla Mzimela, alleged all five family members had their throats slit before they were set alight with petrol.
Mzimela said six people were involved in the murders, and one of them turned state witness. The Zondi brothers were arrested and three other men were on the run.
Speaking outside court, the family said the state witness died in December after being stabbed but they only heard about it last Monday.
WATCH: KZN family says the justice system has failed them after two men who were alleged linked to the murder of five family members, including two children walked free. The brothers appeared at the PMB High Court were the state said it main witness has passed away. @TimesLIVE pic.twitter.com/L1ftueXChK
— Sakhiseni Nxumalo (@SakhiNxumalo) March 6, 2023
A relative, Pius Magoso, said they were disappointed at the state’s “failure” to protect the only state witness who was at the murder scene.
Magoso said the family were heartbroken and devastated by the court outcome.
“These people are the ones that showed the police where they have burnt our family members, yet today they walk free. It’s that you can kill five people in such a brutal manner and walk free. The justice system has failed us.
“Police tell us that the state witness died in December, yet we only know about it last week. Why? As soon as these people are out, all our lives are in danger because we don't know what will be their next move. As I'm speaking to you, my heart is bleeding and I'm holding my tears,” said an emotional Magoso.
Magoso said they would meet as a family to discuss what to do next.
Thobisile Khuboni said she didn't have words to describe their pain.
“It's sad ... The law and justice system have failed us, and we had so much faith in them. We are requesting that the community and traditional leaders play their roles and make sure such people don't come back to Richmond.”









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