A new twist emerged at the last minute in the murder trial of the late Durban Metro cop, Acting Lieutenant Errol Ogle, after the two convicts filed urgent applications seeking to have their medical conditions considered prior to the sentencing date.

The court heard that one of the convicts is on chronic medication, reports Southlands Sun.

Mlungisi Phakamani Mpanza (37) and Mzomuhle Lawrence Gamede (42) appeared in the Durban High Court yesterday.

The state prosecutor, Advocate Bonginkosi Mbokazi, told the court that Mpanza and Gamede were employing delaying tactics by bringing separate applications at the 11th hour.

In his argument, Mbokazi said both men have been afforded sufficient time to make submissions prior to the date scheduled for sentencing.

Mpanza is alleging that his legal representative was not adequately representing him and questioned why he had not been referred for counselling.

He also told the court that he is seeking a review of the court’s procedures, as he intends to appeal the judgment, which is not yet made in court. Although his legal representative told him about the court proceedings and the laws governing them, Mpanza insisted on proceeding with the appeal.

Judge Garth Harrison explained that the appeal stage can only be considered once sentencing has been finalised. Harrison ordered the proceedings to continue as scheduled. He stated that he was aware that those convicted often attempt every possible tactic to avoid going to jail.

Defence makes final bid to keep Mpanza out of jail

Mpanza’s legal representative presented arguments urging the court to deviate from the minimum sentence and impose a more lenient sentence. He told the court that Mpanza has four children – two girls and two boys, who are still in school. He further told the court that the children are receiving Sassa grant.

He furthered his argument, saying when Mpanza was arrested in 2023, he was unemployed. He argued that Mpanza was not the one who pulled the trigger that killed Ogle.

Meanwhile, Gamede’s legal representative, Advocate Ali Essop, told the court that his client seeks counselling prior to sentencing.

Mbokazi objected to the application, saying the accused had time to submit an application on Monday.

“We were not made aware of this application. It seems as though the accused are employing delaying tactics,” said Mbokazi.

In response to Mbokazi’s argument, Harrison agreed that the applications should be heard in court before the sentencing date.

He ordered that a social worker be assigned to offer counselling to both accused.

• Psychological well-being
• Emotional maturity and capacity to understand the consequences of their actions
• A social worker will also offer counselling that will indicate whether the convicts show willingness to rehabilitate

Social workers report

Harrison emphasised that a social worker’s report should be presented in court on May 18, noting that a social worker will provide counselling to both accused.

After granting both applications to be heard, Harrison added that he would not make a decision that might expose the matter to be challenged or undermine the credibility and procedural integrity of the court.

He said that granting both applications to be heard was intended to ensure that the rights of the accused were not infringed.

Mpanza and Gamede have each been convicted on charges of murder, armed robbery and kidnapping. Mpanza has been identified as the mastermind who played a crucial role in planning the robbery of a truck from Chester Wholesale Meats in July 2023.

Background of the case

• Mpanza and Gamede were former employees of Chester Wholesale Meat.
• They orchestrated the hijacking as revenge for being dismissed by their employer after embarking on an unlawful strike.
• On July 20, 2023, they intercepted a truck from Chester Wholesale Meat on the M7. The robbery occurred coincidentally as Ogle was driving by, but he had parked his car on the side of the road. One of the assailants, shot and killed Ogle before they all fled the scene.
• An e-hailing driver, known as Jam-Jam, who transported the accused and others to the M7, turned state witness.

Hitman killed in Umlazi

A man linked to the murder of Ogle, only identified as Spha, was shot and killed in a shootout with the police in Umlazi Q Section in September 2024.

Case status

• On March 24 Mpanza was convicted of murder, hijacking, robbery and kidnapping. The matter was pushed to Monday for sentencing.
• Mzomuhle Lawrence Gamede was acquitted of murder, but convicted of hijacking, kidnapping and robbery. The third accused, Sabelo Mncube, was acquitted of all the charges.
• On Monday there was chaos in court when Mpanza refused to be sentenced, saying he did not understand the proceedings. The matter was postponed to yesterday, for the finality of the case.

The matter was adjourned to May 18 for the social worker’s report to be presented in court.

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