Durban — Former eThekwini councillor Mzimuni Ngiba, who is behind bars charged with murder, has been accused of political interference as well as intimidating witnesses by the State.
It is alleged that Ngiba, the former ward 101 councillor, is interfering with political processes while in custody as he is pressing for a fellow member to be voted in as the ANC candidate for this ward.
The fellow member’s name is among those that were to be selected for ward candidacy at the weekend.
By-elections for ward 101 will take place on December 13.
This was revealed in the Durban Magistrate’s Court at his second bail application when senior State prosecutor, advocate Lawrence Gcaba, read an affidavit prepared by the investigating officer.
Ngiba is accused of ordering a hit on ward 101 councillor candidate Siyabonga Mkhize.
“He is the one who ordered the hit and prepared to pay for it. There is evidence that he interfered with witnesses while in custody,” said the State.
Ngiba and his three co-accused are applying for bail for the second time based on new facts. His co-accused are Nkosinathi Ngcobo, Sandile Mzizi and Sifiso Mlondo. They are also accused of killing Mzukisi Nyanga, an ANC activist.
The State alleges that several meetings were held at Ngiba’s home to conspire to kill Mkhize.
The accused said the statements of some witnesses who were allegedly in these meetings were contradictory.
It was also revealed that State witnesses had been intimidated by the accused.
“The names of the witnesses were given. Applicants 1-3 (Ngcobo, Mzizi and Ngiba) happened to know that these three people made statements. We wonder how,” said Gcaba.
The State said its witnesses are said to have approached the attorneys voluntarily to make statements.
“We did research. Witnesses were threatened and influenced,” said the State.
“Their allegations that witnesses were assaulted to make statements are not true,” said Gcaba.
The State also argued that there were no new facts with regard to this bail application; therefore the court should refuse it. It was further revealed that Ngcobo was identified as one of the shooters.
“He is identified with a firearm in his hand walking with a man who was later identified as the fifth accused,” said the State.
It is alleged that there were two shooters, one being Ngcobo and the other being Phathisakhe Ngiba. Phathisakhe is the fifth accused in the matter but he is not applying for bail.
Ngcobo is also alleged to have been part of the conspiracy meeting and is the one who agreed to find a hitman.
The State further alleged that there was a celebratory meeting after Mkhize was shot and killed and that Mzizi gave instructions as to how they should behave so as to not raise alarm.
The second bail application has caused delays to the pretrial conference, which keeps being postponed. The State said it was ready to proceed with its case but the accused had caused delays.
The accused are facing charges of conspiracy to commit murder, two counts of murder, two counts of attempted murder, and unlawful possession of firearms and ammunition. The State alleges that Ngiba and his co-accused conspired to kill Mkhize, who contested the position of ward councillor. Ngiba’s term was coming to an end after he had been a ward 101 councillor for about 12 years.
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