Court questions credibility of alleged hitman in Ndwedwe mayor murder trial

The State in the murder case of former Ndwedwe Municipality mayor Maxwell Hadebe has urged the Verulam Regional Court to reject the version of the alleged hitman, as his testimony in the dock was not credible. 

Nkululeko Philip Maphumulo, 28, from KwaMaphumulo, is charged with the murder of Hadebe and Mbongeni Ndlovu. He is also accused of robbery with aggravating circumstances. 

The State is alleging that on June 19, 2019, near Cornubia, Maphumulo assaulted and robbed Ndlovu and Busisiwe Zulu by taking a Toyota Run X, a Samsung cellphone, and house keys.

The State further alleges that he then killed Ndlovu. The next day, June 20, 2019, Maphumulo allegedly shot and killed Hadebe outside his business premises. 

Moreover, the State stated that Maphumulo was acting with someone who is currently unknown to it. 

During arguments, State prosecutor, advocate Nokulunga Ngcobo, told the court that the motive behind Hadebe's murder was not known.

In asking the court to find Maphumulo guilty, Ngcobo said Zulu, who is a State witness, was able to see Maphumulo during the commission of the crime. 

Ngcobo reminded the court that Zulu had testified that Maphumulo and another suspect had been wearing balaclavas; however, when Ndlovu was on the floor and already shot, Maphumulo removed his balaclava as he had to lie down to look for car keys in Ndlovu’s trouser pocket.

She said the witness (Zulu) had indicated that there was a source of light, and she could see clearly. 

Zulu had also told the court that the other perpetrator did not approach closely. She stated that during the five minutes that Maphumulo had removed his balaclava, she was able to see him. 

“She had a reasonable opportunity to look at the accused,” Ngcobo said. 

She said Zulu's evidence was corroborated by that of a police officer, Constable Samukelo Dumane, who attended the crime scene and told the court that there was no additional lighting used when they worked and secured the scene. 

Additionally, Ngcobo reminded the court of the evidence of a data analyst, Maurice Muller, that he said Ndlovu’s phone was switched off at 20.09 on June 19, and on June 20, it was switched on at 12.40, and a new SIM card was inserted into it. She said the new SIM card was registered under Sifiso Maphumulo. 

She stated that Sifiso said he received the cellphone from Nkulu (Maphumulo). “During cross-examination, the accused before this court conceded that others refer to him as Nkulu,” Ngcobo added. 

She said Sifiso was not the only person who confirmed this, but Simphiwe Ntanzi corroborated that the phone came with Maphumulo. She said Ntanzi’s evidence was that the phone was from Nkulu, whose mother owned taxis. 

She said this statement made it clear that both Sifiso and Ntanzi referred to Maphumulo, as he also agreed that his mother owned taxis at the time. 

Ngcobo urged the court not to take Maphumulo as a credible witness, as he distanced himself from all the areas of concern.

However, the former National Prosecuting Authority (NPA) boss, and now defence counsel, advocate Simphiwe Mlotshwa, said the State has failed to prove its case beyond a reasonable doubt, adding that his client should be discharged of all the charges. 

“The evidence was of poor quality,” Mlotshwa said. 

He said the court should not find the evidence of Zulu credible as it was the first time she saw the assailants on the fateful day, and she was traumatised.

He said Zulu never described Maphumulo's face, nor was she asked by the State to point him out in court. 

Judgement is expected in September as Magistrate Betty Rawheath said she was not in a position to make her ruling. 

nomonde.zondi@inl.co.za