When murder-accused lieutenant colonel Tholumuzi Mokoena faced questioning at the KwaDukuza magistrate’s court for the first time last week he surprised everyone with a very different account of the events that had led to his arrest on February 3.
Mokoena (53) is accused of murdering his colleagues, constables Thobani Xulu and S’busiso Mthethwa, who were killed on Saturday morning, February 1.
He had been travelling with them on the R74 outside Stanger and soon after the shooting claimed they had stopped to investigate a suspicious red vehicle and that three unknown men had emerged from the bush and opened fire on the vehicle, killing Xulu and Mthethwa.
During his bail application on Wednesday, March 12 Mokoena said Xulu and Mthethwa were very close to him – like sons – and he had been “very sad” when he had heard of their deaths. He said they had been returning from picking up a student in Maphumulo when Xulu, who had been driving, said he was tired and asked Mthethwa to take over.
Mthethwa then also became tired and the group parked on the roadside to sleep. Mokoena claimed to have gone to relieve himself in a nearby bush and on his return, “thought” he saw “people” near the steering wheel.
Assuming his colleagues had already fled Mokoena pulled his gun and fired two shots. He only realised Xulu and Mthethwa had been shot when the clerk, who had been asleep, started shouting “mphathi kwenzenjani” (what’s happening?).
Mokoena said he “got a fright and started screaming for help”, then decided he did not want to carry his gun anymore and threw it into sugar cane behind him.
He also claims to have had a blackout, that he was confused and his mind was “not working properly”. Mokoena was taken by duty officers to Victoria Hospital and was informed of his colleagues’ deaths en route.
State attorney Thulani Hlabisa’s questioning revealed Mokoena has a previous assault charge, which he could not recall when asked about a criminal record.
When asked what he would say to the Xulu and Mthethwa families, Mokoena simply said: “I would say how sorry I am. This was not my intention.”
Xulu’s father, colonel Bongani Xulu, listened silently with his hand over his mouth, repeatedly shaking his head.
Defence attorney Andile Dakela led Mokoena through a series of questions, during which the court heard that Mokoena’s bail application was due to his family’s lack of financial stability. His wife, a spiritual healer, and his six children between the ages of 12 and 28 have no other income other than his salary, which was stopped last month.
Magistrate Shoba Maharaj will hear the second part of Mokoena’s bail application on March 25.
He will remain at Mayville SAPS.
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