FORMER Ward 64 DA councillor Gavin Hegter, who was charged for assault, has been found not guilty at the Durban Magistrate’s Court on February 19.  Hegter’s assault matter had been in court for almost a year.

The magistrate poked holes in the testimony of the two witnesses, Mncedisi Dlamini and Lindizwe Dlamini. According to the court the two witnesses made contradictory statements and this weakened the case of the State against Hegter.

To read previous articles on Hegter’s court appearance click here. 

Lindizwe’s brother, Mncedisi, opened an assault charge at Montclair police station in 2024 following his confrontation with Hegter at the State-owned house in Hoopoe Lane in November 2024.

Also read: Court throws out defence’s application in former ward 64 councillor assault case

The magistrate highlighted the following contradictions in the evidence of the witnesses:

• The court expressed uncertainty as to why the second witness, Lindizwe, claimed he could not understand English when questioned by the accused, given that he was able to pose questions to the accused in English. Instead it was Mncedisi who, according to the evidence presented in court, spoke on Lindizwe’s behalf.
• Witnesses presented different versions on how the assault took place. Mncedisi said he was assaulted by the glass part of the torch while Lindizwe testified that the accused used the back part of the torch to assault his brother.
• The first witness’s account of how he sustained his injuries contradicts that of the second witness. Mncedisi testified that after the accused struck him in the mouth with a torch, he suffered internal bleeding. In contrast, the second witness told the court that the victim sustained visible injuries, with blood gushing out of his mouth.
• After the confrontation the first witness testified that he asked the accused to hit him again, while Lindizwe testified that after Hegter hit Mncedisi with a torch he (Mncedisi) said ‘You have assaulted me’.

However, the magistrate noted that there was a heated argument between the Dlamini brothers and Hegter, during which the Hegter stated that he intended to report Lindizwe’s actions to the Minister of Public Works. Lindizwe was employed as a security guard at the property when the incident took place.

Also read: Ward 64 councillor Gavin Hegter resigns

The court noted that Hegter did not know Mncedisi, and therefore he had gone there with no intention of attacking him.

“It is puzzling to this court why the second witness (Lindizwe) was able to ask questions in English but failed to answer directly to the accused when he was being asked. I am mindful that contradictions can sometimes arise due to the age, but these inconsistences rendered the State’s evidence unclear,” said the magistrate.

In handing down the judgement, the magistrate rejected the evidence of the two witnesses – Mncedisi and Lindizwe.

The court accepted Hegter’s evidence as credible and reasonable. The court ruled that Hegter is not guilty and did not assault Mncedisi.

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