Since his arrest on March 5 by the Mhluzi SAPS, Mduduzi Msibi has been remanded in custody.

He made his second appearance last Friday in the Middelburg Magistrate’s Court, during which the investigating officer was asked to take the stand to give evidence on the charges of attempted murder and the illegal possession of firearms and ammunition.

The case continued on Tuesday, during which the investigating officer testified how the arresting officers received a call about a shooting at 22:00 on March 5.

On arrival at the house of Makua in Tokologo, a shooting had indeed taken place. While searching the premises, Makua could not be found but was later discovered hiding in a neighbour’s house.

During an interview, Makua stated how he was at home with his wife and children and had gone outside when four armed suspects jumped a wall and opened fire on him and a guard. Makua took cover behind his Golf 7, and while running away, fell to the ground, resulting in injuries to his knee, head and face.

Makua allegedly identified Msibi as the attacker who followed him and tried to shoot him, but ran out of ammunition, allowing him to escape.

The investigating officer then testified how arresting officers went to Msibi’s house where he was seen running to an outside room.

A scuffle took place during his arrest, and an R4 automatic rifle, a pump action shotgun, a bulletproof vest, and live ammunition were recovered where Msibi was seen throwing items over a neighbour’s wall.

The weapons were then confiscated by the police, swabbed for DNA, dusted for fingerprints and added to other evidence gathered at the scene.
Ballistic analysis was also done on the weapons, but the results are pending.

The court further heard that the security guard present at Makua’s house was found deceased roughly 200m from the house and the cause of death was due to a gunshot.

Msibi was processed at the Mhluzi Police Station at 02:00 on March 6 and then transferred to the Hendrina Police Station.

Msibi made allegations of assault during his detainment, during which the investigating officer testified that he was not present during his arrest and transfer, but saw no visible injuries except on his wrists, which were caused by handcuffs.

During his opposing of bail, the investigating officer presented a memorandum signed by 25 members of the community who described Msibi ‘as a menace’, and stating that the court should keep him in custody to prevent the community from taking the law into their own hands.

A statement by one of the arresting officers was also submitted, alleging that Msibi threatened to kill him once he was released.

The investigating officer further opposed bail because Msibi allegedly gave false information, including claiming he owned three vehicles and giving the wrong ID number.

After cross-examination, the case was postponed until March 20 for arguments, and Msibi was remanded in custody.

• The guard who was shot and killed in the incident was identified as Themba Jabu Sibanyoni.