You are an accomplice, defence tells state’s key Glebelands witness

The defence for a former police officer charged with leading an extortion racket at Glebelands Hostel that included murder and attempted murder, has laid into the State’s key witness over two days of cross- examination, telling the Pietermaritzburg High Court that the witness himself once faced an attempted murder charge involving a hostel resident.

The witness, who the court ruled may not be identified, was hammered with questions and often said he was unable to remember certain events and was unable to stand by some previous statements, making it appear that he was at one time an active participant in the criminal gang that ruled the Umlazi-based hostel through fear and extortion.

In addition, advocate Martin Krog suggested, it would have been in the witness’s best interests to have another Glebelands resident – Sipho Ndovela – killed, as he was allegedly a witness to the attempted murder charge the State’s key witness once faced.

Ndovela – chairman of the hostel’s Block 56 – was shot in the head when exiting the Umlazi Magistrate’s Court in 2015.

Krog’s client, former Durban Central plainclothes detective Bhekukwazi Mdweshu, has been charged with Ndovela’s murder, along with Vukani Mcobothi and Eugene Wonderboy Hlophe.

Mxoleleni Bhani was convicted of being a triggerman in Ndovela’s murder and sentenced in September 2017.

The witness implicated Mdweshu in Ndovela’s murder when the prosecution led evidence last week.

The witness went one step further on Tuesday and told the court that Bhani – a known hitman – was not Ndovela’s killer.

He also said Ndovela was in fact not a witness in the attempted murder charge faced by himself, and that the matter had been withdrawn.

The 48-year-old witness has been in state protection since 2017 and started his in-camera testimony last week Tuesday. The court has ruled that the man cannot be named for security reasons.

The witness lived at and was a former secretary and committee member of the hostel’s 64-roomed Block 52. Mdweshu had a room in the same block, and also kept a room in another block.

Krog tore into the witness this week, telling him that according to his own version of events given during heads of evidence, he was an accomplice to the crimes that had taken place at the massive hostel complex.

“If I suggest to you, that in the context of the evidence you have given, you are an accomplice, and not a complainant, what would you say?” asked Krog.

“I don’t know,” replied the man.

“Do you know what an accomplice is?” continued the advocate.

“No.”

“It is someone who plots and plans with others...” said Krog.

“I understand,” said the witness, seemingly unflustered.

“Are you an accomplice?”

“I don’t know.”

“Think about it,” Krog pushed.

“I don’t know.”

The witness’s initial statement was made in July 2017 and mostly covered count 10 of the State’s 22-count indictment – the murder of Ndovela.

Krog wanted to know why that statement – made to then-Colonel Tebogo Mbhele and admitted as an affidavit into court as evidence on Monday – was substantially lacking in detail when compared to the testimony he had given last week.

“I had too much in my head [to remember everything at that stage]. I was focusing on my life,” said the witness.

He previously told the court he made the statement after being “chased” and threatened at his workplace.

Daily Maverick understands this was as a result of his testifying against Mdweshu and others at the Moerane Commission in 2017.

Mbhele, since promoted to brigadier, is the provincial head of the SAPS Organised Crime Unit in KwaZulu-Natal and the boss of the lead investigator in the so-called Glebelands Eight case, Colonel Bhekumuzi Cosmos Sikhakhane.

The court also heard that the witness had made a statement to Sikhakhane when they met months later at the behest of Mbhele. Senior state prosecutor advocate Dorian Paver was at the meeting, along with other officers. The meeting took place “somewhere in a police station in South Africa”, according to the witness.

It is at this stage unclear why counsel has not been given the second statement.

Krog told Judge Nkosinathi Chili he would be making an application to see Sikhakhane’s notes of the meeting.

In his testimony last week, the witness told the court Mdweshu had purchased an R5 rifle, an AK-47, a 9mm handgun, a revolver and a “pump gun”.

The witness said Mdweshu “demonstrated” to some of his cohorts and the witness how the R5 – allegedly bought from one of Mdweshu’s police colleagues – was used.

The “demonstration” by Mdweshu, who showed the men how to use the weapon like “a teacher” would, was allegedly done while the men were in Mdweshu’s room at Block 52. Mdweshu allegedly called the rifle “beautiful”.

None of this, however, is contained in his affidavit.

The witness said on Tuesday that the weapons were “distributed” by Mdweshu, apparently to his alleged accomplices.

Krog said Mdweshu would deny ever purchasing illegal weapons, and that according to his client, the 9mm, in fact, belonged to the witness and he had used it in a shooting incident at the hostel that he later bragged about.

“I dispute that,” said the witness.

Krog also said that according to the witness’s deputy on the Block 52 committee, Thobile Mazongolo, who was at the meeting where the purchasing of weapons was allegedly discussed, Mdweshu was not there, and it was, in fact, the since-deceased Bonga Hlophe who had said he could purchase an AK-47 from Masinga (a rural area of KZN).

The witness previously testified that Mdweshu told him he knew where to purchase an AK-47 in Masinga.

“I can’t remember,” said the witness.

Bonga Hlophe, according to the state, led the “Hlophe gang”, along with Mdweshu. They used to fight over the spoils of cash extorted from hostel residents, known as “collections”, with the Mthembu gang. The money was allegedly used by Mdweshu to buy illegal firearms and ammunition, and to pay the police.

But the witness’s affidavit did not make mention of collections either, said Krog.

The witness said on Tuesday that he collected (extorted) cash from residents, along with Hlophe and Mazongolo, but this was done on the instructions of Mdweshu. The residents were “forced” to hand over the cash, he said.

If residents did not make payments, their names were noted or omitted from a book, and Mdweshu would “send people” to threaten them, said the witness.

“So you just followed orders from accused one?” asked Krog.

“Yes,” replied the witness.

“Why?”

“We were afraid of him.”

“Why were you so scared?”

“Because he kills.”

“So he said he would kill you if you didn’t collect the money?”

“No... but we were seeing what was happening in the hostel. [People] were dying”.

Read here: Glebelands witness waited three years to implicate cop in shootings

Krog said the witness, together with Hlophe and Mazongolo, was collecting the money for his own enrichment and Mdweshu had nothing to do with it. The witness denied this.

The witness on Monday told the court he did mention the extortion to now-Brigadier Mbhele, but he could not be expected to know if it had been written down in his affidavit. He could also not remember if he read over the affidavit before signing it.

Returning to Ndovela’s murder, Krog said the witness' affidavit also had not mentioned that Mdweshu allegedly found out when Ndovela would be at court via the police’s computerised database, allegedly allowing Mdweshu to plan the hit. The witness mentioned all of this in court though, said Krog.

The witness said last week that he had warned the police about the hit on Ndovela, via a Captain Kane. He had met with Kane and another officer he identified as Tsogo – along with three other unidentified officers – at the Beach Hotel on Durban’s South Beach to tip them off, the witness had said.

“What exactly did you tell Kane?” asked Krog on Monday.

“I explained there was a meeting in room 47 [Mdweshu’s room] of Block 52, that Sipho Ndovela would be shot at court.”

“Did [the police at the meeting] ask who was behind it?” asked Krog.

“Yes”.

“Did you tell them?”

“Yes.”

“Captain Kane is testifying in this matter. He says he never met with you,” said Krog.

“I am only telling you what happened to me,” said the witness.

“Did you give Kane the name of the plotters?”

“I told them they must look out for Ndovela.”

“Answer the question.”

“I can’t remember”.

“Nonsense. Earlier you said you did give them the names. Your evidence does not make sense. How do you explain it?”

“It happened four years ago, that’s why I say I can’t remember,” said the witness.

Nor, said Krog, had the witness made any mention in his affidavit about the killing of William Mthembu (leader of the Mthembu gang) and Thokozani Machi, although he had testified to it last week.

The men were gunned down in 2015 outside a Shoprite store in Montclair. Apparently Mdweshu had put a cash price on the head of Mthembu, who was referred to as “the most wanted”.

“Did you mention the killing of William Mthembu and Machi in your affidavit?” continued Krog.

“No,” said the witness.

“Why is that?”

“I was still confused [and fearing for my life because of being threatened after my Moerane Commission testimony].”

The trial continues on Wednesday. DM