Hired killers get life sentences for murdering ACDP councillor during church service

Two men have been sentenced to life imprisonment for the murder of ACDP councillor Pastor John Myaka while he was praying for his congregation in his church. 

The Ngwelezane Regional court found that the State succeeded in proving that Phakamani Eugene Khumalo and Sandile Mthokozisi Mabuyakhulu conspired and shot Myaka dead on June 27, 2023.

The motive for the murder stemmed from a property dispute. Myaka, from the Nseleni area, had purchased a house in December 2022 in Macekane from Nonhlanhla Luthuli, who has since died, for R70 000, paying a R20 000 deposit.

Luthuli remained on the property, citing the need for a traditional ceremony before moving out, a delay Myaka accepted. She then requested half the sale price, which Myaka subsequently paid.

However, the ceremony did not take place, and Luthuli did not vacate the house. Despite this, Myaka began fencing the property and continued with his building plans.

Luthuli later demanded the outstanding balance, which Myaka eventually paid after reluctance.

Access to the property became an issue as Luthuli would lock the gate and prevent Myaka from proceeding with construction, claiming she needed to introduce him to the local induna (headman), which never happened.

In early 2023, Luthuli met with her ex-boyfriend, Sipho Patrick Nxumalo, for assistance. She confessed that she owed Myaka R40 000 and could not repay him, asking Nxumalo to find men to get rid of Myaka.

Nxumalo introduced her to Khumalo and Mabuyakhulu. Luthuli paid the men R10 000 and promised the balance after the assassination.

Nxumalo, who later became a State witness, testified that he went with Luthuli to Nseleni to confirm Myaka’s death on the day of the incident. Upon arriving at the home where the church was located, they saw a crowd of people crying, carrying Bibles, and the police had already cordoned off the scene. 

Luthuli subsequently failed to pay the remaining money and became unreachable. Nxumalo stated that he paid the outstanding balance to Khumalo and Mabuyakhulu himself and then relocated to Mpumalanga, fearing for his life.

The court delivered a scathing assessment of the two convicted killers, noting their lack of credibility.

“They were both evasive. Khumalo displayed a hostile and arrogant attitude.”

The magistrate found that the State, led by senior prosecutor advocate Elvis Gcweka, had proven its case beyond a reasonable doubt.

The magistrate revealed that cellphone evidence showed a total of 60 call logs between Khumalo and Luthuli, and 63 call logs between Mabuyakhulu and Luthuli.

“Both accused were unable to account for the calls that are evidence on their records. Khumalo indicated that it was possible that his phone was being used by someone else,” the magistrate noted.

Data analyst Thobile Ncongwane from the SAPS provided evidence that the duo and Luthuli communicated extensively before and after Myaka’s killing — on the day before and the day after.

“With several calls made and received from both Nxumalo and Luthuli, I find it improbable that none of the accused were able to commit or to remember as to who had used their phones during this period,” she said.

The sentencing included 10 years' imprisonment each for unlawful possession of a firearm, and a further 18 months each direct imprisonment for ammunition.

Cape Times