TWO state witnesses, fearing for their lives in a political murder matter, will
testify in camera and the media has barred from the session so that their
identities are not compromised.
That ruling was made yesterday in the murder matter of ANC members Siyabonga Mkhize and Mzukisi Nyanga at the Durban High Court.
The State applied to have the two witnesses testify in camera with their
faces obscured as they fear for their lives.
Five men have been accused of gunning down Mkhize and Nyanga, both from Ward 101 in Cato Crest.
They are Nkosinathi Emmanuel Ngcobo, Sandile Mzizi, Mkhipheni
Mzimuni Ngiba a former ward councillor of ward 101, Sifiso Vincent Mlondo
and Phathesakhe Ngiba.
The alleged murders occurred on October 15, 2021 in Cato Manor.
Mkhize was the ward candidate of Ward 101 and was contesting the 2021
local government elections against Ngiba.
Mkhize’s death resulted in Ngiba eventually becoming the ward councillor.
The KZN deputy director of public prosecutions advocate Lawrence Gcaba, at the Durban High Court yesterday, called the investigating officer Sergeant Kubheka, who is attached to the National Political Task Team, to testify.
In his affidavit, Kubheka. who asked that only his surname be revealed, told the court that he had opposed bail because of the possibility of interference with witnesses.
“I even gave evidence regarding this,” he said.
Moreover, he said the team had obtained two witness statements that
identified the shooters of Mkhize and Nyanga. He said when the State had
to disclose the contents of the docket, the names of the two witnesses were
blurred out.
“The reason for this was they fear for their lives, as they have reported. They
also (the witnesses) said they don’t want their names to be revealed and to be
known here in court,” he said.
Kubheka told the court that the witnesses said the area that they lived in was not safe and that they could be harmed at any time.
“They said they do not have a problem with testify in court but requested to have their faces hidden,” he said.
Kubheka reminded the court that when the accused, except for Phathesakhe, applied for bail on new facts, he handed a statement that said one of the State witnesses had been threatened.
Defence counsel for Ngiba and Ngcobo, advocate Andrew Matlamela, asked for the identity documents of the two witnesses, however, Judge W Harrison said he was not going to allow this as it defeated the purpose of the State’s application, which falls under Section 153 of the Criminal Procedure Act.
Section 153 states that the witness may testify behind closed doors and that their identity may not be revealed if the court is of the opinion that the witness may be harmed by someone during the trial.
Judge Harrison said Matlamela could verify the ages of the eyewitnesses by using their date of birth.
He said it was important to emphasise that the application was limited to only two witnesses at this time. He granted the state the application and said the media and members of the public would not be allowed in court when the witnesses testify today.
DAILY NEWS