An accused man in the murder cases of ANC members is applying for bail on new facts at the Durban Magistrate's Court, citing delays in the trial.
Image: Nomonde Zondi
Sandile Mzizi, one of the accused in the murders of ANC Ward 101 candidate Siyabonga Mkhize and activist Mzukisi Nyanga, has applied for bail on new facts, arguing that the delay in his trial warrants his release.
The killings occurred in October 2021, just before the local government elections. The State alleges that Mkhize was murdered to ensure the election of Mkhipheni Mzimuni Ngiba, who had served as Ward 101 ANC councillor for about 12 years.
Ngiba is co-accused alongside Mzizi, Nkosinathi Ngcobo, Sifiso Mlondo, and Phathisakhe Ngiba.
Mzizi appointed former senior State advocate Yuri Gangai for his bail on a new facts application, and in his trial at Durban High Court, he is represented by private attorney Sibusiso Dlamini.
In his affidavit, he informed the Durban Magistrate's Court on Friday that his trial is being delayed because it has become a back-up matter to the high-profile murder cases of rapper Kiernan ‘AKA’ Forbes and his friend Chef Tebello ‘Tibz’ Mostoane.
During his bail application, Mzizi stated that there is no certainty on when his trial will resume or conclude.
He claimed: “The continuation of the trial is dependent upon judicial and prosecutorial availability and competing matters on the court roll.”
Mzizi noted that Deputy Director of Public Prosecutions Advocate Lawrence Gcaba, the lead prosecutor in his case, is also the lead prosecutor in the AKA matter.
Mzizi believes his trial may not proceed until around April 2027, contingent on the availability of Gcaba, the presiding judge, the assessor, and the legal representatives for his co-accused.
Further contributing to the delays, Mzizi highlighted that the trial could not proceed in February 2026 due to the unavailability of the assessor, who was engaged in another matter, and the subsequent unavailability of Judge Garth Harrison, who was required to attend a judge’s training session.
Mzizi, who has been denied bail three times previously, including an appeal to the Durban High Court, offered R10,000 bail and promised not to interfere with State witnesses.
However, senior State advocate Elvis Gcweka opposed the application. He presented an affidavit from the Investigating Officer, Sergeant Mzwamandla Kubheka of the Political Killings Task Team, who revealed that Mzizi had threatened a State witness in February 2026.
Kubheka stated that Mzizi sent a person to influence the witness to withhold information about him when testifying. The officer added that Mzizi has a history of threatening witnesses, a fact previously raised during an earlier bail application.
“It is clear now that the modus operandi of Mzizi is to interfere and threaten witnesses with the intention to destroy evidence in this case,” Kubheka stated.
Sergeant Kubheka also detailed how Mzizi has caused delays by repeatedly changing legal representatives.
“During this process of changing lawyers, there was a delay because each legal representative would need consultation, which is time-consuming, and the pre-trial conference took a long time to be held from 2023 up until January 22, 2024.”
Sergeant Kubheka further urged the court to dismiss the application, stating that Mzizi allegedly committed the current offences while he was out on bail pending an appeal in a separate murder case, where he had been convicted.
Furthermore, the police officer said Mzizi’s lawyer, Dlamini, was also involved in the AKA matter.
The court postponed the matter to early June for a ruling on the bail application.
nomonde.zondi@inl.co.za