There was anger and emotional outbursts at the Durban High Court on Wednesday as the mother of a 17-year-old boy killed in the crossfire of a drug-related tiff in 2022 wailed as the judge discharged all murder charges against the men who allegedly killed her son and other people. 

“This is f****d up, so f****d up,” shouted the mom, breaking the silence in the courtroom before storming out and slamming the door behind her. 

At that time, Judge Khosi Hadebe had just made a ruling finding that Sandile Bhengu, Phumlani “Sho Case” Mbokazi, Lindani Alfred Khumalo, and Zamani Nhlakanipho Shoyisa were not guilty of the three murders they were charged with, as well as an attempted murder. 

The accused were alleged to have killed three people in Cato Manor in July 2022. It is alleged that they fatally shot Sbonelo Ndlovu due to animosity, then killed bystander Lungelo Mthembu while attempting to murder Simphiwe Welcome “Mgi” Ngubane. Ngubane had later turned out to be a State witness.  

They later allegedly executed tuck-shop owner Boy Powel Shangase after he refused their demand to let them sell drugs from his business premises, angering the accused. 

After the State finished leading its evidence, the accused made an application to be acquitted of the murders and attempted murder. Their application was based on Section 174 of the Criminal Procedure Act, which allows an accused to ask for acquittal after the State has closed its case due to a lack of evidence proving their guilt. 

The State’s case went south after its two witnesses backed out of testifying following alleged threats, with one witness now untraceable. 

Ngubane, who was intended to be the State’s key witness, declined to testify. At the time of the trial, Ngubane, who was already incarcerated for a separate offence, cited threats, stating that his children and mother were in danger and that he was unable to protect them. 

Mthembu, at the time of his murder, was in Grade 10 at Chesterville Secondary School. His mother, Vuyiswa Mokoena, could be heard wailing from the court corridors after she stormed out of the courtroom. 

“I’ve had six people come to me; they witnessed the whole thing, but they’re scared of the Sho Case. He is dangerous. My son died because the accused were chasing Mgi because he had allegedly stolen from one of Sho Case’s drug runners,” said Mokoena outside court. 

She said her son knew the accused Shoyisa, who is the one who allegedly shot him. 

“He (Shoyisa) knew my son as a child, but yet he killed him, he saw he was shooting at the wrong person, yet he continued to shoot even when he was on the ground,” she said in tears. 

Mokoena said she had been left with many questions, considering that while at the crime scene, they had learned that a shop owner not far from where the incident happened had CCTV cameras. 

She claimed that the investigating officer was told about this, adding that she was shocked when this alleged footage did not form part of the State’s case. 

“When this case started, I was reassured that justice would be served. I cannot remember the prosecutor’s name; he was a male. At that time, they were still trying to apply for bail, and they did not get it because the case was very strong,” she said. 

Mokoena said she had put all her faith in the justice system.

“Things started changing early this year when the matter was heard at Scottburgh High Court. The prosecutor and the judge were threatened. The prosecutor was followed home. To make matters worse, the key witness travelled in the same vehicle with the accused that he was supposed to testify against. How is that justice to me and all the victims?” she asked. 

She said the entire justice system let her down.

The men also face firearms charges as they were caught possessing unlicensed pistols and ammunition upon arrest in November 2022. 

On Wednesday, after the other charges were withdrawn, their defence said that it was closing its case without calling any witnesses. 

The case was adjourned until Monday for closing arguments on the merits of the case on the remaining charges against the accused.

nomonde.zondi@inl.co.za

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