The pre-trial conference of an alleged Durban hitman charged alongside another with 15 counts of murder fell flat when the accused terminated his private counsel, and applied for representation from Legal Aid South Africa.
Thalente Mkhize appeared with his co-accused Sbonelo “Madanon” Wiseman Shangase in the Durban High Court this week.
The pair face 28 charges, 15 for murders that included a mass shooting where six people were killed in Inanda in January last year.
On the last occasion they were in court, the pre-trial was adjourned for the State to prepare a document to assist the defence in getting his clients to understand and make formal admissions in terms of Section 220 of the Criminal Procedure Act 51 of 1977.
At that time the accused’s counsel indicated that his clients were not prepared to make any admissions.
Senior State Prosecutor Krishen Shah handed over a voluminous document to the defence in court which he said took him three days to prepare.
“I have just been fired by accused two (Mkhize),” said the accused’s lawyer, Sthembiso Nkatha.
Mkhize indicated to the court that he would not be replacing Nkatha with another private attorney but would instead be applying to be represented by Legal Aid.
Judge Jacqueline Henriques adjourned the pre-trial to later this month.
Shangase and Mkhize are charged for the murders of Overport businessman Zeyn Moideen, who was shot and killed on Brickfield Road in 2022, as well as the murder of Brendan Thandroyen, his daughter Bianca Afrika, and his brother Craig Thandroyen, who were shot and killed on Mazeppa Road in the Point area.
In addition, the alleged hitmen face two attempted murder charges, as two other people, including Craig's 13-year-old son, were also shot at.
Shangase and Mkhize were also charged with the killing of Moideen’s neighbour, Shaheed Moodel, just weeks before Moideen’s murder, in what was thought to be a case of mistaken identity, with the intended target being Moideen.
In January 2022 the two accused were alleged to have shot and killed six people in Inanda. Wandile Fanaphi, 17, Qhaphelani Mkhovu, 20, Mlondi Getane, 22, Mlondi Kunene, 25, Lindo Sphambo, 22, and Philip Hinsa were killed execution-style. Fanaphi and Mkhovu had just started their matric year.
In September 2021, the accused are alleged to have kidnapped Phakamani Cwele from Inanda and killed him on Lwandle Drive in KwaDabeka.
They are also alleged to have killed Patrick Nhlanhla Goge in Inanda on 7 August 2021.
They are also accused of killing Njabulo Bongani Shongwe and Zolani Goodman Mbuthuma in Inanda on 2 September 2021.
Shangase and Mkhize are also charged with three counts of robbery with aggravating circumstances where another two counts of attempted murder arise. Here it’s alleged they robbed two men of their guns, a Norinco Pistol and a Dashpro Rifle along with 66 rounds of ammunition in June 2021.
Shangase is additionally charged for a September 2021 robbery where it's alleged that R140 000 was taken using force and violence.