Justice served as hitman in Magaqa’s murder sentenced

A spokesperson for the family of slain former ANC Youth League secretary-general Sindiso Magaqa says the sentencing of a man convicted of his murder brought hope that the 'big fish', who had a reason to eliminate Magaqa, would soon be brought to book.

The family and National Prosecuting Authority (NPA) welcomed the 25-year prison sentence handed down to Sibusiso Ncengwa at the Pietermaritzburg High Court on Monday.

In deviating from the life sentence, Judge Nontuthuzelo Mlaba sentenced Ncengwa, who is already serving a lengthy sentence for unrelated crimes, to 25 years for conspiracy to commit murder, 25 years for murder, and shorter terms for attempted murder, malicious damage to property, being in possession of illegal firearms and ammunition.

All sentences will run concurrently.

Ncengwa is now expected to testify against the two other accused, who were allegedly present during Magaqa’s shooting on July 13, 2017.

“The NPA is glad and we are happy for the sentence passed in court, which will be effectively 25 years imprisonment,” said NPA spokesperson Natasha Ramkisson-Kara. 

Ncengwa’s two accomplices were former police officer Sibonelo Myeza and businessman Mbulelo Mpofana. The third accomplice, Mlungisi Ncalane, will not see his day in court as he was declared mentally unfit to stand trial and has been confined to a mental institution.

Another alleged accomplice, Jabulani Mdunge, who allegedly sprayed Magaqa and others with AK-47 bullets, died in a shootout with police.  

Myeza and Mpofana had been served with an indictment to appear at the Pietermaritzburg High Court on October 6.

“The offences were very serious,” said Ramkisson-Kara. 

Ramkisson-Kara said police will have to investigate former senior Mzimkhulu Municipality officials whom Ncengwa implicated in his affidavit as having conspired and hired hitmen to kill Magaqa. 

One of the alleged conspirators was the late former Mzimkhulu mayor, Mluleki Ndobe, who was later elected as the ANC provincial treasurer after the murder.

Ndobe died on November 6, 2020.  

Had it not been for his admission of guilt and offer to testify for the state, having already served eight years in detention for this matter, and having apologised to Magaqa’s family, Ncengwa would have received a life term, which was the minimum sentence appropriate for a crime of this nature. 

Judge Mlaba accepted the deviation from the prescribed minimum sentence, which Ncengwa’s defence team and the State agreed on. 

Lwazi Magaqa, a spokesperson for the Magaqa family, told the media that the family was happy, although the punishment would not bring Magaqa back to life.

“The day we have been waiting for, the sentencing of the hitman has finally arrived. 

“As the family, we see the light, and the sentence is fit for (such a) brutal offence.

“Sindiso’s children are still without a father, his mother is still without a son, as the family we still don't have a brother, and the ANC is still without its member,” said Magaqa. 

Two councillors, Jabulile Msiya and Nonsikelelo Mafa, who were with Magaqa during the attack at a car wash, were also shot but survived.

“We have been crying for justice to be served, and this is only the beginning of what will follow. 

“Magaqa’s mother always cries, this sentence might help her to find closure,” said Msiya.

During the mitigation of his sentence last week, Ncengwa confessed that a day before the shooting, he visited Mzimkhulu from Durban to confirm Magaqa’s identity. 

On the day of the murder, he spotted Magaqa arriving at the car wash he often frequented. 

The assailants were paid a total of more than half a million Rand for the murder. 

Magaqa was killed for speaking out against a corruption-riddled tender to construct a local memorial hall. 

Cape Times