Four convicted ‘hitmen’ in mistaken identity football shooting want new lawyer

Four men convicted of the brutal killing of two soccer players, Njabulo Cele and Francis Kuhuni, in Lindelani township in KwaDukuza in 2020 want a new lawyer and trial.

This emerged at the Durban High Court on Monday when sentencing was stalled after their Legal Aid attorney Zeera Fareed expressed frustration that the four had become reluctant to co-operate with her after they were convicted last month.

Sikhumbuzo Nxumalo, 34, Mzwanele Radebe, 42, Bhekezakhe Yimba, 39, and Sikhumbuzo Muziwendoda Mathenjwa, 42, were found guilty of murder, attempted murder, possession of ammunition and firearms.

They were arrested two days after the murder, which occurred on August 10 2020, and have been in custody throughout the trial.

Cele and Kuhuni were shot after a spotter mistook them for a soccer coach who was their target. The coach was a community activist assisting IFP leader Jabulani Sibiya.

The four suspects were linked to Sibiya who was killed in 2021.

The court heard the two victims were seated in a car after finishing a soccer match when the four hitmen ambushed them.

The accused, who were on foot, fired several shots at Kuhuni and Cele. They also fired at three others who were nearby — Sandiso Ngubane, Amanda Ndebele and Lindani Ndlovu.

Yimba and Mathenjwa collected the cartridges and the four fled the scene.

On Monday, Fareed told the court she was stepping down as counsel for the accused.

“They refused to let me take instructions. They were also not prepared to speak to the probation officers and correctional services officials,” said Fareed.

Fareed said Legal Aid was not prepared to offer them another lawyer in her absence.

Senior prosecutor Thabani Buthelezi said the trial was now at the tail end and the accused were facing a minimum of life imprisonment for some of the charges.

“The matter has been going on since 2020 and the victims' families have not seen any justice. They want the matter to be finalised. You have had the right of legal representation and that right has been protected,” said Buthelezi.

He said the accused need a lawyer to argue if there were compelling and substantial reasons for the court to deviate from the minimum prescribed sentences and their personal circumstances.

He said the state also planned to present victim impact statements when the trial resumed.

Nxumalo told the court Fareed was lying when she said they didn't want to work with her.

“The issue I have is we have been charged for possession of firearms and ammunition yet we have not seen these firearms being presented to court as exhibits,” said Nxumalo.

He asked the court for two months to get another attorney. He said they planned to appeal the convictions.

Acting judge Siphokazi Jikela said the appeal process would be heard under a different judge.

“Unfortunately I sit as an adjudicator in this trial. I cannot offer any legal advice. Your fate is not in my hands,” she stressed.

Nxumalo’s co-accused Radebe also told the court they were without funds due to their lengthy custody.

“I am not happy with the court proceedings,” said Radebe.

Jikela cautioned the accused about the exorbitant costs associated with obtaining court transcripts which a new lawyer would need to represent them.

The case was adjourned to August 20 for the accused to secure new lawyers. Sentencing is set down for October 1-3.