German tourist’s murder trial: 2 accused acquitted

Two of the men accused of killing German tourist Jörg Schnarr in October 2022, Marshall Mamba (39) and Bongumusa Matsane (26), were acquitted yesterday as the evidence linking them to the case was found to be insufficient.

Judgment for the third suspect, Napoleon Nyalunga (37), was withheld as he still needs to go on trial and answer more questions regarding the matter.

Judge Brian Mashile told the Mpumalanga Division of the High Court on Tuesday that the matter had been poorly investigated and that the police should have done so properly. He acknowledged the considerable pressure under which the officers were working might have led them to act unlawfully.

The accused claimed they had been assaulted and threatened with death and were told their families would not even find their remains if they did not confess to Schnarr’s murder and sign the statement. Photo album evidence brought before the court showed the three accused had suffered a severe assault at one stage.

Mashile criticised the police for allegedly forcing Nyalunga, Mamba and Matsane to confess to the murder. He said their methods to obtain confessions are not how they are expected to act and are against the law. He made it clear why the court ruled in their favour, indicating that their rights had been violated.

“The manner in which the confession statements were obtained from the accused cannot take away the treatment they were subjected to. The court cannot accept their confessions, as doing so will be overlooking the provision of the Constitution. The accused’s rights also need to be respected and they should only be charged with what they were aware of,” Mashile said.

Nyalunga’s trial is expected to continue today.