RUSTENBURG - Judge Ronnie Hendricks convicted Wolmarans and Enoch Mtshaba of killing local councillor Moss Phakoe.

Phakoe was shot dead outside his home in Rustenburg north on March 14, 2009.

Hendricks withdrew charges of illegal possession of a firearm and ammunition against the two, saying the State could not prove this beyond a reasonable doubt.

"The State did prove beyond reasonable doubt that the two accused planned to kill the deceased," Hendricks said.

He said the relationship between Matshaba, Wolmarans and Phakoe soured after Phakoe accused Wolmarans of corruption.

At some stage, Phakoe had angered Matshaba by asking why he was heavily armed at an ANC caucus meeting.

"Accused one [Matshaba] and accused two [Wolmarans] and two other people [Amos Mataboge and Oupa Mphomane] hatched a pot to kill the deceased," said Hendricks.

Mataboge and Mphomane were discharged from the case when the trial began.

The judge dismissed claims by the defence that the police had been under pressure to crack the case after two teams of investigators failed to made progress in the case.

He also said there were contradicting statements from witnesses.

If the police had influenced their testimony, they could have made sure there were no loopholes in witnesses' testimony.

"They could have made sure that the case was watertight," he said.

Hendricks said he found the testimony of Freddy Mashale to be credible.

Mashale had testified that he was on his way to Phakoe's home to collect his girlfriend's picture from a photographer who had rented a back room there when he heard two gunshots.

A moment later, Matshaba appeared holding a gun in his left hand.

Mashale abandoned his plan of collecting the pictures and instead went to Brits, where he told a friend what had happened.

He then went home to Giyane, in Limpopo, where he fell ill.

On his recovery about two years later, he reported the shooting to the police in Bela Bela.

Matshaba was arrested on August 4 and Wolmarans on September 24, 2011.

"Freddy Mashale identified accused one as the person he saw holding a gun at the deceased's home. It was good enough for him to see the accused, because the light was good [at the time of the shooting]," said Hendricks.

He said two witnesses, Alfred Motsi and Shirley Mabale-Huma, had testified about the bad relationship between Phakoe and Wolmarans.

"The two testified that the relationship was bitter between accused two and the deceased," the judge said.

They testified that Phakoe had compiled a dossier detailing corruption in the Rustenburg municipality.

It implicated Wolmarans and was handed to high-ranking ANC officials including secretary general Gwede Mantashe and President Jacob Zuma.

When there was no reaction from the ANC, Phakoe handed the dossier to the then co-operative governance and traditional affairs minister, Sicelo Shiceka.

In his finding Hendricks said the bad relationship between Wolmarans and Phokoe was political and not personal.

He said it was strange that the mayor had felt he was unable to go to Phakoe's house when told about his death, because he smelled of alcohol.

He sent Rocky Malebana-Metsing, a senior member in his mayoral committee, is his place.

"I found your reason strange, you testified that you were not drunk..." Hendricks said.

Outside the court, Phakoe's supporters danced, wearing red T-shirts with Phakoe's face emblazoned on the front and the words "Judgment Day July 16".

On the back were the words "Hate me, but don't hurt me".

Phakoe reportedly said this to Wolmarans after he handed the dossier to Shiceka.

The matter was postponed until Tuesday, when sentencing procedures are expected to start. Matshaba and Wolmarans are in custody at the Rustenburg prison.