Durban — The mother of an oThongathi teen whose remains were stuffed into a bag that was filled with bricks and tossed into a river had joy on her face as she spoke outside the Verulam Magistrate’s Court where her son’s killers were convicted.
“It’s been four long years. The last time I came to court and saw the accused was during their bail application. I could not stand to come here and listen to the details of what they did to my child. Today finally justice has been served,” said Gugu Mbuthu.
On Thursday, Magistrate Sanele Hlatshwayo found that the four actively participated in the assault of Nkosibomvu Secondary Grade 12 pupil Andile “Bobo” Mbuthu, 16, who was murdered in 2020 during the Covid-19 lockdown after being accused of stealing alcohol from a local tavern by his killers.
“We are relieved that justice has been done. Hearing during the trial how he was killed makes me ashamed that such young people could kill another human being with such brutality. We expect them to be handed a lengthy sentence” said Mbuthu’s uncle Ntobeko Ngidi outside court.
Mbuthu was assaulted with a golf stick, a hockey stick, a plank and a sjambok and his body was burnt inside a drum. The charred remains were dismantled using a pick before being put into two bags stuffed with bricks and tossed into a river.
“There is no hesitation in the court’s mind that the evidence against the accused is overwhelming,” said Hlatshwayo in his ruling.
Seven men were initially arrested for his murder, including a minor. However, one of them, Mlungisi Thabethe, 26, who was the owner of the Magagula’s Lounge from which Mbuthu had allegedly stolen alcohol, was gunned down while in his VW Polo in 2021.
Only five of the arrested men stood trial as the minor had become a State Section 204 witness.
Hlatshwayo found that the State had discharged the onus of proving that Andile Nhleko, 27, Mncedisi Mzobe, 27, Lindani Ndlovu, 26, and Malusi Mthembu, 27, acted in common purpose in kidnapping Mbuthu as well the “despicable act of dismembering his charred remains”.
Hlatshwayo acquitted Siyanda Msweli, 26, on both the murder and kidnapping.
The minor’s evidence during the trial was that Mbuthu’s body was carried into a van, then the accused all went to Thabethe’s house where they had a braai celebrating Thabethe’s birthday while Mbuthu’s body was in the van.
“Police found heavy bricks at Bhamshela at the residence of Thabethe’s parents similar to those in the bags with the deceased remains, burnt grass was observed – all evidence of a vicious and relentless assault. The evidence is strong that the deceased was assaulted and the accused intended to hide the body,” said Hlatshwayo.
He found that the evidence of the minor alone was unreliable as it seemed to be riddled with inconsistencies when he was cross-examined. However, another State witness and the evidence of the accused corroborated aspects of his evidence in chief.
“His evidence in chief implicated all accused in the assault of the deceased but when he cross-examined he said accused 3 (Msweli) did not assault the accused. His evidence of who went to Bhamshela was riddled with inconsistencies when cross-examined. His evidence is complicated by the fact that he is a self-confessed perpetrator. It goes without saying that his evidence must be treated with caution; there is no doubt that 204 witnesses seek to indulge the State by seeking indemnity with possible false evidence.”
The matter was adjourned to August for the court to hear the minor’s Section 204 application as to why he should also not be convicted as well as for pre-sentencing reports for the other four accused.
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