Urgent Request to Protect Witnesses in High-Stakes Cato Crest Murder Trial

by Hope Ngobeni

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The State has made an urgent application to protect the identities of two key eyewitnesses in the trial of five men accused of murdering two ANC members in Cato Crest. The Durban High Court heard on Wednesday that these witnesses fear for their lives and have requested to testify with their faces obscured and behind closed doors.

The accusedβ€”Nkosinathi Emmanuel Ngcobo, Sandile Mzizi, Mkhipheni Mzimuni Ngiba, Sifiso Vincent Mlondo, and Phathesakhe Ngibaβ€”are charged with the fatal shooting of Siyabonga Mkhize and Mzukisi Nyanga on October 15, 2021, in Cato Manor. Mkhize had been the ward candidate for Ward 101 in the 2021 local government elections, running against Ngiba. Following Mkhize’s death, Ngiba was elected as ward councillor.

KZN deputy director of public prosecutions, Advocate Lawrence Gcaba, called investigating officer Sergeant Kubheka, attached to the National Political Task Team, to testify in support of the State’s application. Kubheka, who requested that only his surname be used, reminded the court that he had previously opposed bail for the accused due to concerns of witness interference. He stated that two witness statements had been obtained identifying the shooters, but their names were deliberately blurred out when disclosing the docket to ensure their safety.

Kubheka explained that the witnesses live in a dangerous area where they could be harmed at any time. Despite their fears, they are willing to testify, provided their identities remain protected. He further highlighted that during the accused’s previous bail application, one of the State witnesses had already been threatened.

During proceedings, defence counsel for Ngiba and Ngcobo, Advocate Andrew Matlamela, requested access to the witnesses’ identity documents. However, Judge W. Harrison denied this request, citing Section 153 of the Criminal Procedure Act. The Act permits witnesses to testify in private when there is a reasonable risk of harm. The judge ruled that while Matlamela could verify the witnesses’ ages using their dates of birth, revealing their full identities would defeat the purpose of the State’s application.

Judge Harrison stressed that this ruling applied only to these two witnesses and granted the State’s request. He further ordered that when they testify on Thursday, members of the media and the public will not be allowed in court. The decision aims to ensure their safety while allowing the judicial process to continue fairly and without intimidation.

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