Durban — The pre-trial hearing of two alleged Durban hitmen was delayed again as they refused to make any formal submissions related to their crimes.
Sbonelo “Madanon” Wiseman Shangase and Thalente Mkhize face 28 charges, 15 for murders that included a mass shooting where six people were killed in Inanda in January last year.
The men appeared at the Durban High Court last week before Judge Jacqueline Henriques and their lawyer, Sthembiso Nkatha, said they would not be making any formal submissions.
Section 220 of the Criminal Procedure Act 51 of 1977 allows for accused persons to make formal admissions to facts so that these would not have to be proven during the trial – preventing potential delays.
Senior State prosecutor advocate Krishen Shah explained that with no formal admissions, the State would have about 100 witnesses who would need to testify.
Nkatha told the court he had explained to his clients what the admissions meant, however they had instructed him that there would be no admissions.
This was the fifth attempt at finalising the pre-trial hearing for Shangase and Mkhize.
On the last occasion, Nkatha said he had not fully consulted with the accused in preparation for the pre-trial as he had issues with meeting them them at Westville Prison as well as not being paid by the accused.
At that time, Nkatha told Judge Bruce Bedderson that he would continue representing the men because they had reassured him that he would be paid.
It emerged on Thursday that Nkatha still had issues with payment but he said he would continue to represent them.
Shangase and Mkhize are charged for the murders of Overport businessman Zeyn Moideen, who was shot and killed on Brickfield Road in 2022 as well as that of Brendan Thandroyen, his daughter Bianca Afrika, and his brother Craig Thandroyen, who were shot and killed on Mazeppa Road in the Point area.
Brendon and Craig died instantly while Afrika, who was a matric pupil at Northlands Girls’ High School, died later that day after being rushed to hospital.
The alleged hitmen face two attempted murder charges as well, as two other people, including Craig's 13-year-old son, were shot at.
Shangase and Mkhize were also charged with the killing of Moideen’s neighbour, Shaheed Moodel, just weeks before Moideen’s murder, in what was thought to be a case of mistaken identity, with the intended target being Moideen.
Four months after Moideen’s murder, Reesin Perumal was arrested and allegedly confessed to police to paying for the hit. However, the charges against Perumal were dropped by the National Prosecuting Authority due to a lack of evidence to prosecute.
In January 2022 the two accused were alleged to have shot and killed six people in Inanda.
Wandile Fanaphi, 17, Qhaphelani Mkhovu, 20, Mlondi Getane, 22, Mlondi Kunene, 25, Lindo Sphambo, 22, and Philip Hinsa were killed execution-style. Fanaphi and Mkhovu had just begun their matric year.
Shangase and Mkhize face another attempted murder charge in relation to this shooting as one person survived.
In April the State provisionally withdrew charges against Shangase and Mkhize in the Durban Magistrate’s Court for the attempted murders of three sergeants, due to crucial evidence that was outstanding.
They were charged along with Mcabangeleni Mkhize, 22, and Lunga Floyd Ngcobo, 31.
They were alleged to have shot at three Cato Manor officers in May 2022. Of the three officers, two escaped with no injuries while one was critically wounded, sustaining a gunshot wound on his chest that punctured his lung.
It’s alleged that on the day of the shooting during a patrol operation in Cato Manor, the officers had spotted a suspicious vehicle with no registration, and when they approached it and asked the occupants to open a window, they began firing at police, who returned fire.
One of the shooters was also wounded, and the vehicle was later found abandoned in Newlands East.
Mkhize was arrested in June 2021 and Shangase in 2022, while trying to flee KwaZulu-Natal. He was nabbed on a bus heading to the Western Cape which was intercepted by police at a roadblock at the Mariannhill Toll Plaza.
He was allegedly found in possession of a rifle with 90 rounds of ammunition that was concealed in his luggage bag.
Sunday Tribune