A presiding officer in the Durban High Court was left concerned and confused as a second man charged with two counts of murder kept on changing his mind about having KZN deputy director of public prosecutions advocate Lawrence Gcaba removed as a lead prosecutor in the murder case.
Sandile Mzizi accused of killing Siyabonga Mkhize, a ward 101 ANC candidate, and Mzukisi Nyanga an ANC activist, changed his mind at the last minute on Thursday morning and said he was withdrawing his application to have advocate Gcaba removed from this matter.
Mzizi is accused alongside Nkosinathi Emmanuel Ngcobo, Mkhipheni Mzimuni Ngiba, a former ANC ward 101 councillor, Sifiso Vincent Mlondo, and Phathesakhe Ngiba. They allegedly gunned down Mkhize and Nyanga in October 2021 before the local government elections.
The court was expecting to hear why Mzizi wants the lead prosecutor in this matter exonerated. As Gcaba stood up to introduce himself to the court, Mzizi raised his hand. Judge W. Harrison told his lawyer Sibusiso Dlamini to attend to his client.
Dlamini then asked to address the court and said his client wished to withdraw his application. Amidst all that Mzizi changed his mind and said he was going ahead with the application.
On Wednesday, the matter had to be adjourned to Thursday morning due to this application. Judge Harrison asked Dlamini to file the application by Thursday morning at 08h00 so that the court would listen to it. He also excused the State witnesses.
However, when Mzizi changed his mind about going ahead with the application, Judge Harrison, who looked concerned, asked Dlamini what this looked like.
“I’m misleading the court, your worship,” said Dlamini.
Harrison asked about the basis of Mzizi’s application. Dlamini said it was because of Gcaba’s conduct and said once they file the application there would be a letter attached from the National Director of Public Prosecutions.
Advocate Andrew Matlamela who provided the court with more context and clarity on this application said he was not sure about what he was about to say but there were allegations that Gcaba is being investigated.
“There is a unit that investigates political killings. There has been a complaint that this unit abuses its power. It has been disbanded,” he said.
Matlamela said the entire unit was being investigated and the prosecutors working hand in hand with it were under investigation. He asked if it was fair for Gcaba to be involved in this matter while he was being investigated.
The unit which is the National Political Task Team investigates political assassinations and those related to traditional leaders. It was established in 2018. It is the one that investigated Mzizi and his co-accused.
Judge Harrison said if Gcaba was being investigated the National Prosecuting Authority (NPA) would have suspended him and he would not allow him in his court. Harrison asked the other counsels if they were opposing this application, and they all said no.
Gcaba said he has the basis of the application.
“My lord. I’m standing here trying to understand. Somebody else, not accusing two (Mzizi) whoever he or she, decided to write to the national director about my conduct in this matter,” he said.
Before he could continue, Judge said what Gcaba spoke about was not in front of him.
“If that is the case it would be hearsay, let’s bring that application,” said Harrison.
He therefore ordered the defence to file its application and send it to Gcaba on Friday at 11.
He said Gcaba should send it to him electronically once he gets it. On Monday, Gcaba should send his response at 9.00 to Harrison and the court would start at 10h00. He excused the state witnesses again.
Earlier this month it was reported that the Minister of Police Senzo Mchunu is calling for the disbanding of the task team. Mchunu said he was not taking interviews about his report.