The trial of a man charged with two murders is expected to start in early May at the Durban High Court.
Image: Nomonde Zondi
Legal Aid South Africa has refused to fund a ballistics expert for the defence of lorry driver, Phiwinhlanhla Nzama, 46, who allegedly shot dead a woman while she was breastfeeding her toddler in 2024.
Nzama briefly appeared in the Durban High Court on Thursday, facing two counts of murder for the brutal killings of Phindile Nicole Kubone and her partner, Ntobeko Eugene Mhlungu, at their Nazareth home in Pinetown in April 2024. Nzama is also facing a charge of failure to lock away a firearm in a prescribed safe.
During court proceedings, advocate Patric Mkhumbuzi, representing Nzama, told the court that their application to have a ballistic expert was refused by Legal Aid.
“They said they are not giving us the tools to fight the case. They just refused to get him the expert, and there were no reasons stated,” Mkhumbuzi said.
However, following a meeting between Judge Bruce Bedderson and Mkhumbuzi’s supervisor, Pragasen Marimuthu, in chambers, Judge Bedderson told Nzama that the refusal was based on the reasons provided in the application.
“They made an assessment and said the expert was not going to assist in any way,” Judge Bedderson explained.
Moreover, he said Marimuthu will write an affidavit to explain why Legal Aid does not see the need for a ballistic expert.
The judge further warned Nzama that the matter would no longer be postponed for flimsy reasons, emphasising that the trial had already been postponed three times.
“It's up to you if you would proceed with Mkhumbuzi, and if not, you would have to represent yourself,” he said.
Senior State advocate Krishen Shah requested that the case be adjourned until April 28 for Legal Aid to file an affidavit explaining their refusal to fund the expert.
Judge Bedderson warned that the trial could start as early as May 4.
According to the indictment, the murders were preceded by an incident on April 13, when Kubone approached Nzama in his room to borrow money. Although they shared an “intimate moment”, Kubone did not receive the money. The following day, Nzama accused Kubone and her friend Londy of stealing money from his room.
In the early hours of April 14, Nzama allegedly armed himself with his licensed 9mm pistol and entered Kubone’s room, where she was sleeping with her nearly two-year-old daughter. He reportedly placed the gun against her head and fired once, killing her while she was breastfeeding.
As Nzama fled, he encountered Mhlungu, returning to the room, and allegedly shot him twice in the head and chest. Both victims died at the scene.
The murder weapon was purportedly buried in a goat kraal at Nzama’s homestead in Kranskop. Ballistic reports allegedly link bullets recovered from the crime scene to Nzama’s licensed firearm. The surviving child, who was almost two at the time of her mother’s death, is now nearly four years old.
The family had previously expressed shock when Nzama was granted R5,000 bail by the Pinetown Magistrate’s Court.
The case has been provisionally adjourned to April 28.