State to respond to representations in daylight shooting of an accused

The counsel for three men charged in relation to a brazen attack on an accused who had formerly been suspected to have been linked to a mass shooting handed over representations to the State in the Pinetown Magistrate’s Court.

The counsel for three men charged in relation to a brazen attack on an accused who had formerly been suspected to have been linked to a mass shooting handed over representations to the State in the Pinetown Magistrate’s Court.

Published Jun 20, 2023

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Durban — The counsel for three men charged in relation to a brazen attack on an accused – formerly linked to a mass shooting – have handed over representations to the State in the Pinetown Magistrate’s Court.

These representations revolve around concerns the counsel had previously raised verbally in court, namely the men’s alibis that were unverified by the State, outstanding DNA, and ballistics.

Siphamandla Hadebe, 24, was gunned down in broad daylight in full view of about 18 people in Wyebank just five days after being released on R8 000 bail last year.

Hadebe and his co-accused Njabulo Mchunu, 31, and Comfort Ngubo, 22, were granted bail on August 16 and charged with possession of a firearm without a licence, as well as ammunition. The three were said to have been linked to a mass shooting in Savannah Park.

Hadebe was allegedly shot and killed by men who arrived at a house in Wyebank in a White Ford double cab with a police registration plate, suspected to be fake, and another person was injured when the men opened fire.

Siyabonga Shozi, 36, Nkosinathi Gumede, 38, and Nkosingiphile Nzimande, 29, appeared in the Pinetown Regional Court on Thursday before Magistrate B Asmal, accused of Hadebe’s murder and the attempted murder of Ntandazo Gumede.

The men’s counsel asked for the matter to be adjourned for the State to respond to the representations.

“On the charge sheet investigations seemed to have been complied with. The defence never provided anything tangible on the alibis and DNA, it is only today that I have got written representations. There are eight witness statements queried, as well as the post-mortem report. We have DNA results. The DNA reference as well as referred-to items have been handled. The State has five witnesses,” said State prosecutor T Govender.

He also said that as far as he could see, all investigations and evidence had been completed. Magistrate Asmal adjourned the matter to July 5 for the outcome of the representations.

Meanwhile, the charges against Hadebe, Mchunu and Ngubo, who had not been charged with the murders but with being in possession of firearms and ammunition, were this year provisionally withdrawn.

However, soon after Ngubo was arrested outside the courtroom and charged with five murders. He is alleged to have shot and killed Sibonelo Shezi, Siboniso Vilakazi, Sipho Zikho, Siphumelele Makaza, and Sibonelo Mthethwa in Clermont in May last year.

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