Durban — A Durban High Court judge told a witness who had been looting goods during the July unrest that it was a result of his behaviour that his nephew now stood accused of shooting an off-duty police officer.
“Do you understand that you were looting the looters' loot in the presence of your nephew, and this has resulted in this. You did this in front of your nephew. I just want you to understand there's a duty on you as an uncle, as a man. I will not say anything about your son,” said Judge Carol Sibiya.
She had been speaking to Afrika Mthembu, whose nephew Mzikayifani “Kayelihle” Ndebele is charged with shooting Durban Public Order Policing officer Zolani Leadus Zuma during the July unrest.
Mthembu had been testifying in the trial on Thursday.
It is alleged that Zuma was driving in his blue VW polo dressed in civilian clothes on the night of July 13 during the height of the looting unrest in KZN.
While driving he came across Ndebele and the assailants who were helping people transport looted goods in a car that Mthembu was driving. The policeman followed them to a house in Tshelimnyama.
At the house, the officer confronted Mthembu and the assailants, producing his state firearm. Ndebele disarmed Zuma and allegedly shot him and in the process, and a shot hit Mthembu in the knee.
Zuma’s car was found burnt the following day, and his charred body was discovered in the boot.
Ndebele stands accused of the attempted murders of Zuma and his uncle, while his co-accused Sibusiso Ndlela is charged with kidnapping and murdering Zuma. The two have pleaded not guilty to the charges levelled against them.
The court has heard how after both Zuma and Mthembu had been shot, allegedly by Ndebele, Mthembu was rushed to St Mary’s Hospital by his son Lungelo as well as his nephew Nzuzo Khethokuhle Mngadi.
Mngadi has also led evidence in the trial and has described how the officer, who was alive at that time, was put into two refuse bags, put into his car’s boot, and Lungelo and the others drove away to set him alight in his car.
Mthembu told the court he left the hospital taking his file with him without being treated after he had been told by his son that the officer had been torched in his car.
He then fled the area and went to his homestead in Msinga.
“Why did you not take the Polo driver to the hospital? When you left him there injured what did you expect to happen to him? Why didn’t you call the police after going to the hospital and waiting all those hours there? Thirty minutes lapsed without you calling the police. After you were told the person had been burnt and you had your phone, why didn’t you call the police?” asked Judge Sibiya.
Mthembu’s cross-examination was completed on Thursday, and after that Mngadi took the stand. Mngadi told the court that a week after the incident he had also left the area and followed his uncle to their Msinga home.
Both Mthembu and Mngadi were warned by the court before testifying.
“You are warned in terms of Section 204 of the Criminal Procedure Act that you are obliged to give evidence that may incriminate you. If you are honest, you will be discharged, if the court finds you were not honest you will be charged,” Judge Sibiya told them.
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