A KwaZulu-Natal taxi boss who was sentenced to five years in prison for the attempted murder of rival Xolani Zulu is now a free man after the Supreme Court of Appeal overturned his conviction.
Siyabonga Ngcobo, 45, spent a month in detention at the Westville correctional facility after being sentenced on August 27 2021 in the Durban regional court.
The charge related to a shooting near Montclair on September 12 2019.
Ngcobo’s conviction was based on his evidence, Zulu’s evidence and testimony from the investigating officer, a W/ O Magutshwa.
The court also considered a medical report, ballistic report, a photo album compiled by another policeman, W/O Zungu and a statement from Zulu.
Zulu testified on September 12 2019 that he was driving alone in his Toyota Hilux double cab en route to the store when he noticed a VW Golf 7 vehicle following him.
He parked and saw the Golf park next to him. A person seated in the back, whom he later identified as Ngcobo, opened the window.
Zulu said he initially thought Ngcobo wanted to greet him, so he rolled down his window, but Ngcobo and his passenger — whom he didn't identify — fired shots at him.
He took cover and the shooting continued for about a minute. He said when it subsided and the Golf had left, he realised he had been shot in his hip and chest.
Zulu said a man, whose car was parked nearby and had been struck by stray bullets, came to his rescue. He later remembered an ambulance and police arriving at the crime scene before he was taken to Inkosi Albert Luthuli Hospital.
Ngcobo and Zulu knew each other, having grown up together in uMlazi and attended the same schools.
Zulu said he last saw Ngcobo between 2017 and 2018 at a meeting at Riverside Hotel.
Ngcobo told the court he was not involved in the shooting. He said at the time of Zulu's shooting he was living in Yellowwood Park and was monitoring a construction project in Umbumbulu.
He said their friendship ended when they were both arrested. He said though he had attended a meeting at Riverside Hotel, he did not interact with Zulu.
The judgment was handed down electronically on Wednesday by the SCA's acting judge Nkosinathi Chili.
Chili said the trial court misdirected on the following grounds: it erroneously found and corroborated Zulu’s evidence based on the photo album. The high court equally erred in confirming the approach followed by the trial court in how it approached Zulu’s evidence. It ought to have overturned Ngcobo’s conviction.
He said the submission by the state for the matter to be moved to a new court for a fresh trial, had no merit. He said Ngcobo was wrongfully convicted and ruled the high court order to be set aside and the appeal to be upheld.
Ngcobo told TimesLIVE Premium he was delighted by his victory and with his legal team. He was represented by senior counsel Jimmy Howse on instruction from attorney Arvina Harricharan.
“I am happy now because my time spent in detention was hell. It’s a place I could never wish for anyone to be in ... even though I was there for a month it felt like five years of my life,” said Ngcobo.
“I think there was jealousy which clouded Zulu. You know in the townships when you live among each other people sometimes always find a reasons to dim your light if you progress in life,” said Ngcobo.
Ngcobo said Zulu was a suspect arrested in connection with the murder of former ANC eThekwini regional secretary Sbu Sibiya in July 2011. Sibiya was shot dead at his home in Inanda, Durban.
“All the witnesses were wiped out. That was Zulu’s saving grace,” said Ngcobo.
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