Why Newcastle’s murder case against mayor Mahlaba fell flat
Only one of the six witnesses was still willing to testify against Dr Nthuthuko Mahlaba.
A supporter of Dr Mahlaba outside the Madadeni Magistrate’s Court.
Israel Zuma, the chief prosecutor for Northern KwaZulu-Natal, conceded before the presiding officer, LF Khuzwayo, that, “There is no reasonable court that will accept the version of a single witness not corroborated by any other evidence to prove the guilt of the accused,” and surmised that the only logical course of action was for the state to decline to prosecute.
Dr Mahlaba was facing charges for the 2016 killing of ANC Youth League leader, Wandile Ngobeni, who was allegedly shot more than 20 times by hired hitmen at a Madadeni drinking establishment, reports Newcastle Advertiser.
Since his arrest, Dr Mahlaba has maintained that the charges against him were fabricated by an opposing faction within the ANC to discredit him as a leader.
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Zuma told the court that when the case was enrolled by the department of public prosecution (DPP) the state had consulted with all six witnesses who, at that stage, were prepared to testify.
During the course of the investigation, however, one of the state’s witnesses, Martin Sithole, was gunned down while having a conversation with his close friend, Buthanani Shange, in front of Sithole’s bottle store. Shange was also killed during the incident, and one passerby was injured.
Of the five remaining witnesses, two made statements via their attorneys, alleging that they were forced to implicate the accused and were no longer willing to testify for the state. Two others laid charges with the SAPS, saying that they were forced by the police to make statements implicating Dr Mahlaba.
All of these witnesses are described by Zuma as Section 204 witnesses, which according to the Criminal Procedures Act, means that they are competent to testify but they could not be compelled to do so.
Citing a case from 2003, Zuma concluded: “The correct approach is to weigh up all elements that point towards the guilt of the accused against all those which are indicative of his innocence … and having done so, to decide whether the balance weighs so heavy in favour of the state as to exclude any reasonable doubt about the accused’s guilt.
“At this stage, when one weighs the strength of the case of the accused before court, it looks extremely likely that, if the matter goes to trial with one remaining witness, the chances of succeeding are minimal.”
Hundreds of supporters had gathered outside, eager to congratulate Dr Mahlaba, offering a hug or a handshake when he emerged from court as a free man.
On Wednesday, Dr Mahlaba was acquitted for the assault charges against him at the Vryheid Magistrate’s Court.
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