Police officers Mayendran Chetty and Vincent Phelago are facing four counts of murder.
Image: Tumi Pakkies / Independent Newspapers
The trial of murder accused police officers, Mayendran Chetty and Thanduxolo Phelago, who were stationed at Umkomaas police station, hit a financial snag at the Durban Regional Court earlier this week, leading to a postponement.
The officers face multiple charges, including several counts of murder. The prosecution alleges they killed four men: Victor Mqapheli Cele, Nhlonipho Cyril Nzimande, Pilayelo Sydney Buthelezi, and Mnqobi Molefe, an ANC councillor in eThekwini Ward 99 in 2022.
According to the State and its witnesses, the officers were in uniform when they allegedly committed the killings.
They also face charges for unlawful possession of a firearm and ammunition, two counts of housebreaking with intent to commit murder, robbery, and conspiracy to commit murder.
The defence was due to present its case on Monday, following the State's conclusion of its witness testimony in 2025.
However, Advocate GJ Leppan, who represents both accused, informed the court of his intent to withdraw his services for Phelago (accused two) due to outstanding fees.
Leppan stated: “My instructing attorney (Mthokozisi Khuzwayo) told me that he did not receive funds from the the second accused’s family.”
He further mentioned that Khuzwayo had an agreement with Phelago that would prevent Phelago from appointing a new private lawyer until the outstanding amount was settled, meaning Khuzwayo would have to represent Phelago if the trial proceeded.
Khuzwayo confirmed Leppan’s submission and informed the court that Phelago’s brother had requested a week to resolve the funding issue. Khuzwayo, therefore, applied for a postponement of the matter, which was scheduled for the entire week, to next week.
State prosecutor Advocate Nhlanhla Shange opposed the application, arguing that the postponement was unfair to the victims’ families, who were incurring costs to attend court and were eager for the matter to be finalised soon to gain closure.
Despite the State's objection, the court granted the postponement, reasoning that refusing the application would disadvantage Phelago, as he would be unable to appoint new private counsel without first settling fees with Khuzwayo.
“If he comes back on the next appearance and the issue is not sorted, the court would have to proceed, and he will either take the services of Legal Aid, or he will have to represent himself,” Magistrate M Mewalal ruled.
The matter was subsequently postponed to next week, and the police officers were remanded in custody.