The Durban High Court has issued an arrest warrant for one of the 10 accused in a mob justice incident should he fail to attend the pre-trial set for next month.
The accused allegedly tied up three people and burned them alive at Folweni in the Umbumbulu area in August 2023.
Nine accused appeared in court earlier this week after the matter was postponed so they could find legal counsel. However, Babili Cele, the 10th accused, was not in court. His co-accused told the court that he was stuck in traffic.
Cele’s co-accused are Simphiwe Ngidi, Siyamthemba Sibiya, Nkululeko Nkomo, Lungelo Makhanya, Goodman Nkwanyana, Vusumuzi Ngcoya, Mhlengi Mbili, Mbali Shazi, and Sibusiso Shazi, all from Umbumbulu.
They are all charged with the murders of Lindani Mthethwa, Wandile Gumede, and Tshepo Mkhize. They are also facing charges of arson, conspiracy to commit murder, and two counts of attempted murder.
State prosecutor advocate Nokulunga Ngcobo told the court that she had been advised that the accused had been allocated with counsel. She said Ngidi, Sibiya, Nkomo, and Nkwanyana are going to be represented by Advocate HM Zulu.
Ngcobo said Ngcoya, Mbili, Mbali, Sibusiso, and Cele would be represented by Patrick Mkhumbuzi.
She asked for the matter to be postponed for a pre-trial conference on June 12.
Judge Jacqueline Henriques said the warrant of arrest for Cele would be stayed, if he fails to come to court, he will be arrested.
“When you see her, tell her that the matter was postponed to June 12 and she must be here,” she told the accused.
According to the State, the accused alleged that the victims, who also resided in Umbumbulu, were involved in a string of criminal activities, such as breaking into people’s houses and stealing.
“The accused, together with others presently unknown to the State, conspired to kill all of them (victims) because of the criminal activities alleged to be committed by them,” the State said.
It is alleged that on August 16, 2023, around 9.00 at night, the accused were part of an armed group, which was carrying knobkieries, sticks, butcher knives, and sjamboks, who went to a house belonging to Ntombifuthi Mthethwa, where the victims resided.
The group demanded to see the victims once they were shown where they were. They allegedly assaulted them with the weapons they were carrying.
“They further tied them with ropes, moved them to the other structures in the homestead, and set them and the structure alight,” read the indictment.
Additionally, the State said Lindani Mthethwa managed to escape; however, he was chased by the group and was allegedly further assaulted.
“He died at the scene from sharp force trauma to the neck and chest. Gumede died from blunt force trauma to the head and severe burns. While Mkhize died from severe burns with smoke inhalation,” the State said.
The accused are out on bail.
