‘Free but trapped’ says man who was sentenced and released
Durban - Hopes of getting the syndicate that killed IFP National Council member, Mandla Shabalala to account, look slim.
This was the concern of an alleged suspect, Nkosinathi “Mbopha” Chiya, who was sentenced to life imprisonment after he was found guilty by the Durban High court in 2006.
Chiya, who is now 39, was a 21-year-old student when he was convicted. A witness had testified that he and his friend (who was later acquitted due to insufficient evidence) were at the crime scene in Lindelani, north of Durban.
After serving seven years in prison, he was granted bail in 2013, when his legal team announced that new evidence had surfaced.
The evidence, a suicide note from one of the alleged killers who was never charged, was presented in court. The note contained the names of a syndicate that had planned Shabalala’s death.
Shabalala, who was survived by three wives at the time of his death, was serving as a national member of the party. His first wife has since died after a short illness.
Shabalala was shot several times in front of his children while at his home in 2005. Speaking to the Sunday Tribune, Chiya, who has been out of jail for almost 10 years, said his life had been put on hold since further investigations had come to a standstill.
Chiya said his co-accused, Phumlani Nkosi, was acquitted after the judge found that the evidence against him was not sufficient to prove he was at the crime scene.
Both accused were IFP supporters at the time, and had a close relationship with Shabalala. According to Chiya, during court proceedings, a witness testified that he had heard gunshots and had seen him (Chiya) and another man (his friend) running away.
With the new evidence at his lawyer’s disposal, Chiya said he applied for his sentence to be overturned; he was then granted R4000 bail.
However, the case has been put on hold since Chiya’s records are now missing. He said crucial information regarding his court proceeding had just vanished, and the only information available is that of his sentencing.
The father of two says this situation has left him in limbo and he has been unable to move on with his life. He said his “wrongful conviction” had taken a toll on his life because he could not get a job. “The day I was sentenced I knew that I was a dead man walking.
However, I didn’t lose hope because I knew I was innocent,” he said. Chiya said he had a bright future, but his dreams ended when he got arrested. Mkhuleko Hlengwa, IFP national spokesperson said Chiya’s case was a clear indication of the poor work done by the police. “It is unfortunate that a young man is left to defend his innocence.
We are also affected by this just like him (Chiya), so this particular case shows how the justice system has failed to bring those accountable forward,” said Hlengwa. The National Prosecution Authority had not responded at the time of publishing.
SUNDAY TRIBUNE