Plot twist as the murder trial of two ANC men that was set to start on Wednesday morning at the Durban High Court gets delayed due to the defence seeking to have a lead prosecutor removed from the matter.
In this murder case of Siyabonga Mkhize, an ANC ward candidate of ward 101, and ANC activist Mzukisi Nyanga - five men are charged with their murder.
The pair was allegedly gunned down just before the 2021 local government elections by Nkosinathi Emmanuel Ngcobo, Sandile Mzizi, Mkhipheni Mzimuni Ngiba, a former ANC ward 101 councillor, Sifiso Vincent Mlondo, and Phathesakhe Ngiba.
The lead prosecutor in this matter is the Deputy Director of Public Prosecutions in KwaZulu-Natal, advocate Lawrence Gcaba. Gcaba is also a lead prosecutor in the murder case of South African rapper Kiernan AKA Forbes and his friend Chef Tebello Tibz Motsoane.
Moreover, the High Court learned that the second accused Mzizi, has changed his legal representative to attorney Sibusiso Dlamini. Dlamini asked the court to apply to have Gcaba removed as a prosecutor from this matter.
This comes after the report of the Minister of Police Senzo Mchunu calling for the disbandment of the National Political Task team earlier this month.
The task team investigates assassinations of political killings and recently it was given a mandate to investigate killings of traditional leaders. Gcaba is the prosecutor for organised crime.
Judge W. Harrison said this application would be heard on Thursday morning. He requested Dlamini to submit his request to the Director of Public Prosecutions by Thursday morning at 08.00.
He said the State witnesses who were in court, would have to come back on Monday.
“That application would determine how the matter proceeds,” said Judge Harrison.
In the past years, Mzizi was implicated in the murder of a school teacher, and he was sentenced to life imprisonment. According to the NPA spokesperson Natasha Ramkisson-Kara, Mzizi was granted leave to appeal his conviction and sentence.
He further applied for bail pending appeal which was granted by the Supreme Court of Appeal on October 18 2018. In 2021, the year in which the ANC men were gunned down, Mzizi was on bail.