Judge rejects bid to reopen murder case of Durban schoolgirl

The Durban High Court, which needed to start delivering its ruling on the murder case of Durban Girls Secondary School pupil Wandile Aphiwe Ngcobo, was delayed for an hour on Tuesday morning after one of the accused told the court that he wanted to reopen his case. 

The 17-year-old Aphiwe was allegedly killed on May 28, 2024, by Sifundo Bongani Bhengu and Bongani Freedom Jali, who also live in the area. Her body was found gagged and bound with a pair of pantyhose at her home in uMlazi.

According to the State, Ngcobo had remained home on the fateful day to study for her Grade 11 exams. 

On Tuesday morning, as Judge Garth Harrison started to read his judgment, Jali raised his hand.

Phumelele Daniso, his Legal Aid advocate, went to speak with him. Daniso informed the court after speaking with his client that Jali was holding a written document and that he wished to read it in front of the judge.

According to Daniso, he was not informed about this material by his client.

“I think we must clarify that if he wants to reopen his case, that would require you to make an application,” Judge Harrison said. 

He stood the matter down for 10 minutes. When the matter resumed, Daniso told the court that his client wanted to reopen the case.

However, Daniso said his client wanted to deal with things that were not relevant, and some of those had been dealt with in cross-examination.

Jali raised his hand again, informing his counsel that he wished to call two witnesses. 

He stated that he wished to call his mother and an additional witness.

Daniso expressed his frustrations to the court of being given instructions at the last hour, with Jali constantly raising his hand several times.

At this stage, the gallery seemed frustrated as whenever he raised his hand, everyone would say ‘aah again’.

Jali instructed Daniso that he wanted his parents to testify in court.

The State opposed Jali’s application.

Senior State prosecutor advocate Krishen Shah said an accused has a right to reopen his case if there was a fact that was unknown to him and has recently come to light. 

He said there also needs to be finality in the matter, adding that what Jali said when he got to the stand and when he made admissions at the beginning of the trial did not involve his parents. 

“My submissions are that this application must be refused,” Shah said.

Judge Harrison said none of the grounds for reopening the case had been identified. 

“In light of your desire to call your mother and father is completely irrelevant to this case. Application to reopen the case has been refused,” Judge Harrison ordered. 

Jali raised his hand again and instructed Daniso that another witness he wants to call is the investigating officer of the case.

Judge Harrison said the investigating officer had already testified. He said he would start with his judgment and would no longer allow interruption. 

As the judge started his ruling, he found Mondli Ngcobo, Aphiwe's father, a credible and reliable witness. 

Judgment continues. 

nomonde.zondi@inl.co.za