Lendi Raphalalani Modileng, Kabelo Petrus Makua, Stimpie Makua and Tshepo Makua face nine charges, including housebreaking with the intent to rob, robbery with aggravating circumstances, attempted murder, housebreaking with the intent to steal, four charges for the illegal possession of a firearm, as well as one for illegally being in possession ammunition.

The defense finished cross-examining Marius Vosloo and the court called on state witness Sithembiso Nkosi to take the stand.

Nkosi told the court he was in Mamelodi, Pretoria when police knocked on his door in 2017 and proceeded to show him pictures of Modileng, Kabelo Petrus Makua and himself holding firearms.

The cops told him that the rifles in the pictures were stolen during a house robbery before arresting him.
When he arrived at the police station he noticed that Modileng was already in custody.

Two weeks before the arrests, Nkosi, Modileng and Makua were drinking alcohol at a tavern and decided to go hunting.

Nkosi said they drove to Makua’s homestead where Modileng and Makua left the vehicle, and two returned with two backpacks, at the time Nkosi didn’t know what was in the backpacks, the three proceeded to drive to the mountain to hunt.

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Nkosi said the two accused opened the bags and took out “two long guns and a short gun”.

He said it was his first time holding a gun and asked Modileng to take pictures of him posing with the rifle.
The three men took pictures of each other, shortly after that, Modileng received a call from his mother, requesting him to return the vehicle.

A week after the hunting trip, Nkosi said Makua gave him a USB which had the pictures they took on their hunting trip.

Amos Mtshwani, who is prosecuting the case was cross-examining Nkosi when Modileng abruptly rose from his seat and told Magistrate Andreas Masteroudes that the court should dismiss Nkosi’s testimony because, the pictures in question were taken in September 2017 and the robbery which lead the accused’s arrests occurred in October 2017.

Mtshwani explained to the court that Nkosi’s testimony was part of the state’s evidence.

Modileng yelled at Magistrate Masterroudes and when the magistrate tried to calm the livid man down, he told the magistrate that he must not treat him like his child. The upset Modileng also demanded that Magistrate Masteroudes remove himself from the case.

Due to load-shedding, the matter was postponed to Wednesday for further cross-examinations.