Family waits decade for justice
In hiding awaiting sentencing of mom’s murderers
FAMILY of female traditional leader and anti-stock theft crusader Nkosikazi Nowinile Tyali, who was gunned down in front of her young children in 2006, are upset with the justice system for taking more than a decade to find the killers guilty.
But the NPA remains insistent that the family must be patient. The family, however, wants justice now as they have been in hiding for more than a decade for fear of being attacked. This fear increased when one of the four then-accused, Mlindeli Mshenxa, was released on bail in 2014 and was seen back in the Elliotdale district where the Tyalis live.
Three of the four killers, who were all arrested in 2007 – a year after the killing – were in jail awaiting trial for 10 years until when the Mthatha High Court passed judgment on January 26.
The case started in a magistrate’s court in 2007 before it was heard in the Mthatha High Court in 2009. The court found villagers Bongani Venevene, Mlindeli Mshenxa, Mongezi Qhekeza and Ada Mapitsi guilty of the killing of Tyali. She was slain on December 16 2006. The second victim, Mandisa Nobongile Kondile was killed on December 20 2006.
Venevene, Mshenxa, Qhekeza and Mapitsi were also found guilty of conspiracy to kill, unlawful possession of firearms and unlawful possession of ammunition. They are all in custody now.
Sibusiso Magoxo, the accused number one at the start of the trial, evaded prosecution when he turned state-witness in both killings.
Sentencing in the Mthatha High Court was postponed yesterday until March 2 because a defence lawyer did not attend. This left 18 family members of both the killers and the victims angry. Since 2007, the families have paid R100 per person a day to get to court. Family members claimed they had wasted R80 000 on transport. Yesterday alone cost the families R1 800 in fares.
NPA spokesman Luxolo Tyali (not related to the deceased) yesterday urged the Tyali and Kondile families to be patient. “This was not a simple case. We needed to tie all the loose ends and be meticulous in prosecuting the case to avoid jeopardising the system of justice. But now the case is about to be finalised.”
Tyali added one of the reasons for the delays was that the accused constantly changed their lawyers, who then needed time to consult and present their case.
The children of the slain Tyali, who are now 12 years older, called for life imprisonment. And they don’t want this final stage of the trial to drag on.
Tyali was headwoman of Upper Mncwasa at Kulombola near Elliotdale under AmaBomvana of Jalamba
Tyali’s eldest daughter, Saphokazi Tyali, said: “We never anticipated that the case would drag on for more than 10 years in front of a court. This has drained us emotionally and financially. We have to travel from the remote area of Elliotdale to Mthatha as a family to only have the case postponed after just a five-minute appearance. This has happened many many times. Do the courts understand the implication of delaying a case for such a long time?”
Last week the case was again postponed in the Mthatha High Court after the killers made a five-minute appearance. The same defence lawyer did also not appear then.
Tyali was one of three traditional leaders, including two senior members of the Xhosa Royal family, who were killed in Willowvale, apparently for their stance against stock theft.
● AmaXhosa King Mpendulo Sigcawu’s uncle, Nkosi Jongikhaya Frank Sigcawu, head of KwaMkoloza Traditional Council of Bhojini in Willowvale, was stabbed to death by a convicted stock thief in Willowvale in September 2006.
Nkosi Frank’s older brother, Nkosi Ngubelizwe Sigcawu, said his killer Simphiwe Poni was sentenced in the Willowvale Regional Court to 15 years in jail in 2009. His trial only finished three years after his arrest.
● Headman Mhlophe Mgwebi, of Manxiwa traditional council in Mhlahlane,Willowvale, was shot six times in the head and died in January 2007.
Mgwebi’s older brother, SANDF Lieutenant-General Derrick Mgwebi, expressed disappointment in the police investigation saying nobody was arrested. “We have been let down by the police. We will never find closure until the suspects are arrested.” —