South Africa

GLEBELANDS EIGHT

Murder of three witnesses over the years leads to trial being held in camera

Murder of three witnesses over the years leads to trial being held in camera
The Glebelands Hostel in Umlazi, Durban. (Photo by Gallo Images / City Press / Siyanda Mayeza)

The Pietermaritzburg High Court heard on Monday that it was necessary to conduct proceedings in the Glebelands Eight case in camera as three witnesses had already been murdered.

While Judge Nkosinathi Chili finally allowed the application for the trial to be held in camera, it did not stop the first witness from looking scared; not once did he shift his gaze the way of the accused.

It is quite clear, given the background to Glebelands Hostel, that there is a very real danger to those who will testify,” said veteran state prosecutor, Advocate Dorian Paver, while making the application.

There was fear among the remaining witnesses that they, or their families, would suffer the same fate as the deceased witnesses, Judge Nkosinathi Chili was later told by the colonel who led the team investigating the case.

The application was strongly opposed by legal representatives for the accused, who argued that the men – alleged ringleader and former Durban police officer Bhekukwazi Mdweshu, Khayelihle Mbuthuma, Vukani Mcobothi, Eugene Hlophe, Ncomekile Ntshangase, Mbuyiselwa Mkhize, Mondli Mthethwa and Bongani Mbhele – had been incarcerated for almost two years and wanted the support of family and friends while being tried.

The accused have been charged with a spate of murders and attempted murders linked to an extortion racket and warfare between rival gangs. The alleged crimes took place between 2014 and 2016.

All of the accused pleaded not guilty to the charges last week.

Colonel Bhekumuzi Cosmos Sikhakhane, from the KwaZulu-Natal organised crime unit, told the court that a witness in the two murder counts against Mkhize and Mthethwa was killed in 2017. Patrick Ndlovu was gunned down in the Durban city centre, said Sikhakhane.

In 2016, ANC councillor Princess Zodwa Sibiya was murdered at Glebelands Hostel in front of her children.

It was revealed by Sikhakhane that she was a witness to the September 2015 murders of William Mthembu and Thokozani Machi, who were gunned down in the car park of a Shoprite store in Montclair.

Sibiya’s vehicle was damaged during the shootout, said Sikhakhane.

He added that the Montclair shooting and Sibiya’s murder had been linked through ballistic testing.

Mdweshu, Mbuthuma, Mcobothi and Mbele have been charged with the murders of Mthembu and Machi.

In 2015, Sipho Ndovela was gunned down in the precinct of the Umlazi Magistrate’s Court. He would have been a witness to the murder of Fikile Siyephu, another hostel resident, who was killed in February 2015.

Mdweshu, Mcobothi and Eugene Wonderboy Hlophe have been charged with Ndovela’s murder.

Sikhakhane said if proceedings were open to the public, “people associated with the accused will target [the witnesses] and possibly kill them”.

Of the four witnesses deemed “crucial” to the state’s case, said Sikhakhane, one was in witness protection, while his team had relocated the remainder before the trial started.

So no one here knows where they are?” asked Advocate Martin Krog, acting for Mdweshu and his cousin, Ntshangase. At this stage, there were 15 people in the gallery, described as friends and family of the accused.

You can never be sure,” replied Sikhakhane.

You and your investigating team have gone to great lengths to hide them,” countered Krog.

We tried,” said Sikhakhane.

Looking around the courtroom, Krog said he counted nine armed policemen, with additional officers stationed outside.

So witnesses are hidden, they are brought to court by armed guards, there are armed police in court and they are transported from court by armed guards,” stated Krog.

Krog also wanted to know why none of the witnesses had written in their statements that they were willing to testify, “but not in open court”.

No, they said it to us, they said they were scared. They would be reluctant to testify in open court,” said Sikhakhane.

Why was this application [for in camera testimony] not put forward earlier?”

I can’t answer that,” answered the unflappable Sikhakhane.

He said that when the witnesses were given subpoenas, they had indicated they would “appreciate it” if the court was closed to the public.

When we told them how the [proceedings would work], that’s when they said they wouldn’t testify in open court.”

Acting for accused four, Advocate Dianne Franklin of Legal Aid South Africa asked Sikhakhane if any witnesses had been murdered since 2017.

No,” he answered.

Paver said it was precisely because Sikhakhane and his team had made the effort – at great expense to the state – to keep the witnesses safe, that more had not been killed.

Legal Aid South Africa attorney, Xolani Sindane, acting for the rest of the accused, said he didn’t see the need for proceedings to be held in camera as the accused would see the witnesses anyway.

Paver said the accused would not be prejudiced as they were able to face their accusers, but “the psychological effect of having to eyeball people who support the other side, so to speak, will mean the witnesses will be more inclined to not give testimony. The victims have a right to expect the trial will proceed fairly.”

It was also in the interests of society that the order was made, said Paver.

Courts in these circumstances are inclined to make such an order.”

Friends and family of the accused could keep abreast of proceedings through the media, who should not be kept from the courtroom, should the judge so wish, said Paver.

Krog said it should be remembered that the four crucial witnesses were, in a sense, accomplices [as some were alleged to be affiliated with an opposing gang at the hostel], not victims. “So what if they feel a bit of fear?” he asked.

Chili ruled in favour of the application, saying he would make his reasons known at a later stage, and the spectators were ushered out without fuss.

Paver brought in his first witness, who, although not one of the protected four, testified to a shootout that took place on 19 August 2014 near Block R of the hostel.

It was at this scene that Mdweshu was allegedly wounded and his blood found on a plastic Sunfoil oil bottle, linked through DNA. Mdweshu has been charged with four counts of attempted murder for the incident, along with Mbuthuma, Mcobothi, Hlophe, Ntshangase and Mkhize.

The slight, softly spoken 56-year-old witness stood motionless, arms pressed to his sides, staring at the courtroom wall closest to Judge Chili. Not once during questioning did he face the lawyers, seated in front of the accused.

Several times, his chest heaved as he recalled the events leading up to the shootout. Two of the accused on separate occasions lifted their hands to bring to Judge Chili’s attention that they could not hear him. He was instructed to raise his voice.

Speaking through an interpreter, the witness said he was working at a tuck shop at the hostel, near Block R, speaking to a friend through the serving hatch, when he noticed “a man” walking up behind his friend.

The man had a rifle “covered in a towel” he said.

I shouted to [my friend], but before I could tell him there was a man with a gun, a shot went off. I took cover behind the door of the tuck shop,” he said.

There was another gunshot, then more, then car sounds. When the gunshots hit the door of the tuck shop, some of the door hit me in the face. I went to Wentworth Hospital and had the pieces removed from my face.”

The man said later that the shootout – in which the victims are known to have returned fire – lasted for “about 30 minutes” and that there were “probably more than 50” shots fired.

Advocate Paver asked the witness about the Sunfoil bottle. “It means nothing to me,” said the man, ostensibly meaning he did not connect it to the attack in any way.

Krog asked the witness why he had only made a statement about the incident in 2017. “I was never approached [by police],” he replied.

A charge had been laid, although he couldn’t confirm by whom.

He was only contacted about the incident when Sikhakhane took over the investigation, said the witness.

Although there was lighting at the tuck shop and further away at Block R, the man was unable to identify the face of the shooter who carried the rifle wrapped in the towel, he said.

Proceedings were again adjourned early, with Advocate Krog mildly making known his displeasure.

A witness party to the same attack is believed to be testifying on Tuesday. DM

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