Durban — The Ntuzuma Magistrate’s Court found Lethukuthula Ngwenya guilty of shooting and killing Independent Media employee Bongumusa Prince Mavuso, on Monday.
Ngwenya, 22, shot Mavuso, 42, in a hijacking and robbery in Mpophomeni, Inanda in September 2021.
Magistrate Ravi Pillay rejected the alibi Ngwenya had supplied to the court during trial.
During the trial, Ngwenya’s defence was that he had been with his girlfriend Silungile Dlamini at his house in Inanda on that day. Dlamini told Ngwenya that she was pregnant and stayed over. Ngwenya told the court that while his brothers were home on that day, he was not sure whether they had seen Dlamini as they were in his room and his brothers had arrived late in the evening and left early in the morning for work.
Dlamini took the stand during the trial to testify.
In his ruling, Pillay said Dlamini was a poor witness and described the alibi as concocted.
Pillay said that Dlamini in her evidence said she only found out what the accused had been arrested for when she spoke to his lawyer adding that the accused’s family had not been informed of the nature of the charges against him.
Further to this, Pillay said that Dlamini testified that she never queried why the accused had been arrested and she did not volunteer any information to the effect that the accused had been with her at the time the offences were committed.
“Dlamini, since she was there when he was arrested, could have sent the investigation in a different direction had she said something. She played no role in the accused defence until the matter went to trial. She even gave birth. She could not provide a satisfactory explanation when I asked her this in court. She never enquired about the accused’s arrest and detention for over two years. It's not for the court to find out why the accused did not call additional witnesses who were in the house with him and Dlamini,” Pillay said.
“Dlamini could not answer questions. I don't understand why she allowed the father of her child to languish in prison for two years and not tell police that she was with him from 20 till 23 September. Sometimes it is prudent to be proactive than sitting and being quiet. The investigating officer was never faced with this fact and therefore it was never investigated,” said Pillay.
He said that two State witnesses who testified in court who were at the scene of the crime with Mavuso at the time of the robbery and shooting were consistent and corroborated each other.
“Mfanufikile Cele even knew the accused’s parents, Nkonzo Mkhawanazi knew the accused by name and also named the other two perpetrators,” said Pillay.
Ngwenya will be sentenced this week.
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