The Pinetown Regional Court yesterday (July 10) convicted the four men accused of armed robbery at schools in the region.

While the four, Mthobisi Shozi, Brian Charles, Sbonelo Mkhulisi and Lebogang Magwaza, were acquitted on some of the counts, Highway Mail reports the presiding officer, Magistrate Muntu Khumalo, said there was overwhelming evidence against them.

Evidence detailed in court

Khumalo said accused number four, Magwaza, had ‘knowingly participated’ in the crimes and had played an ‘integral part’ in them as the driver of the getaway vehicle – the court heard he had been employed as its driver for e-hailing services.

Magwaza was arrested on February 27, 2023, a couple of days after the armed robbery at Tholulwazi Secondary School in Molweni.

The police had traced the owner of the vehicle used during the robbery of staff at the school, and during another incident in early February that year at Nazareth Primary. The owner of the vehicle told police that Magwaza had been employed as its driver to provide e-hailing services.

The police then asked the owner of the vehicle to contact Magwaza to report to their residence, and upon arrival, the accused and the vehicle were searched, with a cellphone stolen from one of the robberies found in his possession, and number plates identified to the police by one of the witnesses, concealed in the boot of the car.

Getaway driver and accomplices

Magwaza’s arrest was followed by that of accused number one, Shozi.

Shozi and Magwaza had elected to exercise their constitutional right to remain silent during trial by not testifying, which, said Khumalo, resulted ‘in fewer grounds for doubting the prosecution’s case’ against the accused.

Accused number three, Mkhulisi’s fleeing through a window when police arrived at his home in 2023 indicated to the court he knew he was in trouble with the law, said Khumalo. Mkhulisi was handed over to the police by his father on February 28, 2023.

Khumalo said Charles, accused number two, had performed poorly as a witness and failed to make a favourable impression to the court. He described Charles’ witness, the mother of his child who was present at the time of his arrest at their apartment in Mayville, as a ‘mendacious’ one who tried to get the accused out of the mess he was in.

“It cannot be that she did not see the police officers recover the stolen items from their apartment,” said Khumalo.

Witnesses traumatised by robberies

Khumalo said he found that the State had presented its evidence in a straightforward manner, with its witnesses being reliable, honest and credible.

“The inconsistencies were nothing more than the imperfect recollection of witnesses,” said Khumalo.

During the trial, the witnesses gave testimony about the state of panic and shock they experienced during the robberies when their belongings, including cellphones as well as laptops, were taken. Staff members from the schools were held at gunpoint, some violently assaulted, while others were bound with cable ties. At one of the schools, staff members were locked inside a strongroom, which can only be opened from the outside.

Khumalo is expected to sentence the four men on Tuesday (July 14).

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