The focus by defence counsels on inconsistencies in testimonies in the Glebelands Eight trial in the Pietermaritzburg High Court was not unexpected, as two witnesses in particular appear to have been involved in the violent cabal they are testifying against.
The state contends the eight accused were part of a feared extortion racket at Umlazi’s massive Glebelands Hostel complex, which included murder and attempted murder.
The first session of the trial ended on Thursday, with at least another six weeks set down upon resumption in March 2020.
In the meantime, former Durban Central detective Bhekukwazi Mdweshu, Khayelihle Mbuthuma, Vukani Mcobothi, Eugene Wonderboy Hlophe, Ncomekile Ntshangase, Mbuyiselwa Mkhize, Mondli Mthethwa and Bongani Mbhele will be kept at Durban’s Westville prison.
Since cross-examination began on Wednesday, the latest state witness has had to face advocate Martin Krog, acting for Mdweshu and his cousin Ntshangase, then Legal Aid South Africa attorney Xolani Sindane, acting on behalf of Mbuthuma, Mcobothi, Mkhize, Mthethwa and Mbhele, and finally Legal Aid South Africa’s advocate Dianne Franklin, acting for Wonderboy Hlophe, brother of Bonga Hlophe.
According to the state’s indictment, Bonga Hlophe and Mdweshu led the feared Hlophe gang. Bonga was shot dead at the hostel in October 2015.
This week’s witness has been on the run and in hiding since he fled Glebelands with a cousin in 2016 after being shot in the arm, allegedly because he had “disturbed” the hitmen.
On Wednesday, Krog cross-examined the witness in relation to his testimony about an attack in 2014 near Block R of the hostel.
It was during this attack that Mdweshu was allegedly wounded by retaliatory fire and a sample of his blood was left at the scene. Krog has conceded that his client was shot in the hip on the night in question, but says it had nothing to do with Mdweshu being involved in the attack.
Mdweshu and five of his co-accused allegedly attacked Block R residents Bongani Mthembu, William Mthembu, Mandlakayise Dyanthi, Lucas Mbekelwa, and others, at a garage owned by William Mthembu, near the block on the night of 19 August 2014.
The weapons used in the attack allegedly included an R5 rifle used by Mdweshu that he illegally procured from a police colleague earlier.
The attack encompasses counts four to seven of the state’s indictment, and led to charges of attempted murder being levelled against Mdweshu, Mbuthuma, Mcobothi, Hlophe, Ntshangase and Mkhize.
The Mthembus, Dyanthi, and Mbekelwa survived the attack, but William Mthembu — the leader of the Mthembu gang, according to the state — was gunned down outside a supermarket the next year, together with fellow Block R resident Thokozani Machi, an uncle of the witness in the stand this week.
Daily Maverick reported on Wednesday that the witness alleged Mdweshu, Mcobothi and Bonga Hlophe told him about the possibility of an attack on Block R when he met with them two days before the attack took place.
He also alleged that once the men had finished talking to him about the attack, no concrete plans had been made.
It appears the witness presumed he had dissuaded the trio from attacking the entire block, as the only person they wanted dead, as he found out by questioning them, was William Mthembu. The witness suggested they should just target Mthembu instead of the entire block, to avoid the possibility of injuring “innocents”.
Krog said Mdweshu “may put forward evidence that he was at work” when the alleged meeting — held somewhere between 6pm and 10pm — took place.
Krog also asked the witness why, on the night of the attack, the Hlophe brothers allegedly approached him at his room while he was running his shebeen, to drive the injured Mdweshu to hospital.
“They had people and vehicles and you were working, why come to you?” asked Krog.
“I don’t know why they chose me.”
“So they had no need to come to you?”
“I don’t know how to respond to your question.”
“So you can’t give an explanation?”
“That’s it.”
In contrast to the previous witness, the man said he saw no firearms among any of the group standing around the injured Mdweshu following the attack.
The previous witness said he saw Mdweshu, “blood dripping”, with an R5 rifle. When police were approaching the group, Bonga Hlophe allegedly “rushed to take the firearm”.
It is possible the alleged firearms were discarded before the current witness made his way to the balcony to peer at the commotion, although this remains unclear.
The two witnesses also had differing accounts of the vehicle that was used to transport Mdweshu to hospital, and the driver of that vehicle.
The state’s previous witness said a “green” “twin cab”, driven by Bonga Hlophe, with Lwazi Mangamane as a passenger, took the former cop to hospital. Mangamane is related to Mdweshu.
This week’s witness said it was Bonga Hlophe who drove Mdweshu to hospital in a white Toyota Corolla Rsi.
Krog has stated that accused five, Ntshangase, drove his cousin to hospital.
“If accused five is called to testify, he will say he was ironing in his room and was called by Bonga Hlophe and told accused one was injured, and it was accused five who took accused one to hospital. What are your comments on that?” asked Krog.
“I won’t comment on his testimony, I am saying what I experienced.”
Krog also asked the witness if he knew the man who had testified before him, to which the witness responded in the affirmative. But, he said during further questioning, he couldn’t remember if he had seen the previous witness on the night of the Block R attack.
The advocate also said the witness may have been an accomplice, as he had done with the previous witness.
“It appears to me you warmed to the idea of Mthembu being killed because he was your business rival,” said Krog.
“If I warmed to the idea I would have agreed to the attack immediately [when a meeting had taken place prior to the attack] and I would have brought up the name of the person to be attacked. When I was saying it to them [that Mthembu should be specifically targeted] it was a community thing [so that other innocent people would not be killed or injured].
“You previously testified there was tension between you and William Mthembu as you were both hawkers. What did Mthembu hawk?” asked Krog.
“Liquor”.
“And he sent someone to you to tell you to close at a certain time? So he was interfering in your business,” said Krog.
“That was his intention, it didn’t work,” replied the witness.
“Yes, so we heard during your testimony. You hit [a man sent by Mthembu to tell you to stop selling liquor] over the head with a brick and were [consequently] stabbed,” said Krog.
“I put it to you that your business wouldn’t have suffered any harm due to the death of William Mthembu,” continued Krog.
“It would have affected it,” replied the witness.
“To your advantage,” shot back Krog.
“No”.
Krog also asked the man about an alleged celebration that took place at Ekwandeni, a tavern situated next to Block C of the hostel, following the 2015 assassination of William Mthembu. It is at this get together, Daily Maverick has been told, that Mdweshu was allegedly seen “celebrating” with an Umlazi-based policeman, said to be on the take.
“So there were lots of people happy about [Mthembu’s] death?” asked Krog.
“That is what happened. We went outside and celebrated, then when we came back we found out why.”
“So you joined the celebrations not knowing what you were celebrating?”
“Yes, there were many of us. We only learnt later when a speaker told us what we were celebrating.”
“So there were lots of people happy [Mthembu] had been killed?”
“I can’t be certain.”
During his cross-examination, attorney Sindane spent quite a bit of time on the lighting at the old blocks in an area known as Mdlalose’s shacks, a small group of container shops and taverns between Block 51 (housing the witness’s room) and block 52 (housing Mdweshu’s room). It is here where the injured Mdweshu and some of his co-accused allegedly gathered at some stage after the Block R attack.
“I have been instructed by accused two, accused three and accused six that it is not possible to see someone at Mdlalose’s shacks when on the balcony of your block,” said Sindane.
“That is not correct, there are lights there,” said the witness.
“They further say the lights outside the blocks and the streetlights were only installed after 2014. There were no lights outside the blocks or streetlights prior to this,” continued Sindane.
The witness said he disagreed, as he had been living in his block “for a long time” and there was “always light”. People would also come to change the light bulbs when they fused, he said.
Daily Maverick understands there were indeed streetlights in 2014, and that it was in fact high mast lighting that was installed in late 2015.
There was also disagreement about the distance from the witness’s room to Mdlalose’s shacks. The witness, using his hands and the courtroom to offer an estimation, indicated the distance was about 15 metres.
(Accused three, Mcobothi, said on Thursday the distance was about 50 metres.)
“Furthermore, there are trees between your block and Mdlalose’s shacks,” said Sindane.
“Yes, but it is no more than three trees and they are very low with branches [at a higher level],” said the witness.
“[My clients] say it is impossible for you to see Mdlalose’s shacks from where you were standing [on the balcony of your block],” said Sindane.
“I disagree,” said the witness. “There is a possibility that because they only come to the hostel during these wars, they think that where their blocks are situated there is obstruction.”
Sindane said that according to Mcobothi, there was a light on the balcony of the witness’s block, but no outside lighting prior to 2014. According to his client, lights were only installed in the Mdlalose’s shacks area after the attempted murder of Bonga Hlophe in May 2015, said Sindane.
“I disagree, even before all these problems, Mdlalose’s shacks were there and there was lights.”
On Thursday, Sindane said accused six, Mkhize, contended he had seen the witness kill another Glebelands resident, known hitman Sphamandla Cele, in March of 2016. It was for this reason that the witness was trying to link him to murders at the hostel, according to the accused.
In her cross-examination, Franklin also brought up the allegations of the witness murdering Sphamandla Cele.
“What really made you leave Glebelands? Was it because you were suspected of killing Sphamandla Cele? Didn’t you say [during testimony earlier in the week] that you left because the community suspected you of killing Sphamandla Cele?” asked Franklin.
Responded the witness: “Some [of those policemen] told me I should flee Glebelands because I’m disturbing hitmen. [Some people] were spreading lies. Some of the accused gathered people and influenced the community that I had killed Sphamandla. I left [on Saturday, two days after I had been shot] when I was told by police to leave. The community protested on the Sunday morning, carrying big guns.” DM