The National Prosecuting Authority (NPA) has denied the request to consolidate the murder cases of ANC veteran Zibuse Mlaba and his alleged killer, as the mastermind behind the killings seeks bail.
This was heard in the Mlazi Magistrate’s Court on Friday morning, where the mastermind, Duncan Patrick Mzamo Mlaba, made a brief appearance.
Mzamo is accused of killing his cousin Mlaba, a former KZN MPL, and Mncedisi Gwala, a hitman he hired to kill Mlaba and reportedly paid R130 000 for the hit on Mlaba.
State prosecutor, Advocate Sanele Ntombela, confirmed that the defence is aware of the decision of the Deputy Director of Public Prosecutions, Advocate Lawrence Gcaba, not to consolidate the two murder cases for Mzamo’s bail application.
The denial of the request is due to issues of jurisdiction, as Mlaba’s matter is in the Camperdown Regional Court while Gwala’s is at the Mlazi Magistrate’s Court.
When Mzamo made his first appearance for the murder of Gwala last month, his attorney, Arvina Harricharan, told the court that they would be making representations to the State to have both the murder cases consolidated so that Mzamo could apply for bail once.
She said once they know the outcome, they will indicate if they are applying for bail. However, for Mlaba’s murder case, which is now at the Camperdown Regional Court, Mzamo abandoned bail.
According to the plea of Fortune Dlamini, a coordinator in Mlaba’s murder, he said Mzamo is the one who told him that he wanted Mlaba dead.
Dlamini said he organised the hitmen for Mzamo. Mlaba, who was once the ANC provincial deputy chairperson and regent chief of KwaXimba area in Camperdown, was gunned down at Wareing Shopping Centre outside his office on October 21, 2021.
“At some stage after the killing of Mlaba, Gwala was arrested for unlawful possession of an unlicensed firearm. I also learnt that the police collected DNA at the murder scene of Mlaba, and Mzamo instructed me to arrange hitmen to kill Gwala,” Dlamini said in his plea.
He said on February 8, 2022, Gwala was gunned down. Dlamini identified Gwala as the shooter who ended the life of Mlaba.
Dlamini has since been sentenced to 18 years’ imprisonment by the Camperdown Regional Court.
Attorney Abdul Karrim, who was standing in for Harricharan, told the Mlazi court that they intend to apply for bail in July as advocate Ntombela would not be available on May 20.
However, the court raised concerns about the date of the bail application being far.
“The accused and the family are waiting for a specific counsel to do the bail application,” Karrim said.
The matter was then set for two days for the bail application in July.
“The State would be opposing bail, and it would be under Schedule 6 (Schedule 6 of the Criminal Procedure Act),” Ntombela added.
A reliable source indicated that Mzamo is intending to bring Durban’s top lawyer, advocate Jimmy Howse SC.
Additionally, Mzamo is expected to appear in the Camperdown Regional Court in June with his co-accused, Mthobisi Dubazana and Nhlanhla Hlongwa, for Mlaba’s murder.
