Former ANCYL leader Sindiso Magaqa’s murder trial postponed
The murder trial of former ANC Youth League secretary-general Sindiso Magaqa was again postponed to Tuesday after one of the accused, who is out on bail, was not present in court.
Former police officer Sibonelo Myeza, 39, businessman Mbulelo Mpofana, 34, Mlungisi Ncalane, 33, and Sibusiso Ncengwa, 30, are charged with conspiracy to commit murder, murder, attempted murder, malicious injury to property and charges of unlawful possession of firearms and ammunition, one being a prohibited firearm.
They are accused of acting with common purpose to commit the crimes and, if convicted, face life imprisonment.
Myeza, Mpofana and Ncengwa appeared at the Pietermaritzburg high court on Monday for the start of the long-awaited trial.
Ncalane, however, was not present. According to state prosecutor Lawrence Gcaba, this was because the court had been informed on Monday that Ncalane, who is out on bail, was appearing at the Maphumulo magisterial court for another matter.
Gcaba proposed the matter be postponed to Tuesday to make arrangements for Ncalane to be in court.
“Should he be present, we are of the view that the matter will be able to start for trial,” said Gcaba.
Magaqa was a councillor at the time of his death. He was allegedly targeted because he had been vocal about corruption in the local municipality. However, the indictment is silent on this.
In the indictment, the state alleges that sometime before July 2017 the accused conspired to kill Magaqa.
Ncengwa and later Jabulani Mdunge were allegedly recruited by Myeza to do the actual shooting.
On July 13 2017, the four accused and Mdunge left Durban in different vehicles and they allegedly spotted Magaqa’s car at a car wash in Umzimkhulu area and opened fire.
Two people in the car with Magaqa, local councillors Jabulile Msiya and Nonsikelelo Mafa, and a motorist driving by, Nceba Mazongolo, were shot. They were all taken to hospital.
Magaqa died in September of that year.
Also in September, Mdunge, who was sought by police, was shot and killed in a shoot-out with police during a failed cash-in-transit heist.
The other four men were arrested in March 2018.
In February 2022, Myeza, Mpofona and Ncalane were granted bail of R5,000 each by an Ixopo magistrate after they brought a fresh application on “new facts”.
The state is expected to call 64 witnesses.
The late mayor of the Harry Gwala municipality, Mluleki Ndobe, and the Umzimkhulu municipal manager, Zweliphansi Skhosana, were initially charged in the matter but charges were withdrawn due to insufficient evidence.
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