Victor’s shooter ‘Ncaza’ a free man
µµ ‘Ncaza’ finished with his testimony, but will be indemnified by the court if he gave his evidence truthfully when the court delivers its judgment. It is then when it decides whether the prosecution can charge him or not.”
MBABANE – Four months ago, he confessed to the cold blooded shooting to death of businessman and soccer administrator, Victor Gamedze.
However, Mbuso ‘Ncaza’ Nkosi is now a free man after being released from prison in South Africa (SA), where he was serving sentence for a different crime.
The Times S8NDAY has reliably gathered that he was released from prison about two weeks ago and is now back at his home in Soweto.
“He was released from Johannesburg prison on May 19, 2022. The guy is now roaming the streets of Johannesburg. We are talking about the person who confessed in court that he was the one who shot Gamedze,” said a source who is close to the matter.
Another impeccable source who is within the country’s justice system confirmed ‘Ncaza’s release but said this has not been communicated formally by South Africa’s Department of Justice and Correctional Services.
“Yes, he is out. We heard although not officially informed,” said the source.
This highly-placed source said ‘Ncaza’s murder-related charges were withdrawn by the Eswatini prosecution when he agreed to be a State witness.
However, the source said, the charges could be reinstated if the court so decides.
“According to my knowledge, ‘Ncaza’ finished with his testimony, but will be indemnified by the court if he gave his evidence truthfully when the court delivers its judgment. It is then when it decides whether the prosecution can charge him or not,” stated the source.
RELEASE
Efforts were made to get comment from the SA Department of Correctional Services regarding ‘Ncaza’s release and liaising with their Eswatini counterparts.
Johannesburg Prison’s Commissioner, Luckyboy Mathiba requested that questions be forward to the department’s National Spokesperson Singabakho Nxumalo.
“We will then respond via him,” Mathiba said.
Nxumalo, on the other hand, said he was on leave and had delegated his colleagues to respond.
“Colleagues are handling the enquiry, and will be providing a response as I am on vacation leave,” he said through a WhatsApp message on Friday as 8:53am.
A reminder on the responses was sent to him at 6:10pm on the same day, but the questions remained unanswered by yesterday.
Nxumalo’s response at 7:51pm on Friday was that he had alerted his colleagues about the reminder from this publication.
Eswatini’s Director of Public Prosecutions (DPP) Phila Dlamini confirmed that nothing had been communicated to his office and said in any way their South African counterparts were not obligated to inform them if they were releasing ‘Ncaza’.
“We are waiting to get directive from the court. If the court gives him immunity then there is nothing we can do. That’s what the law says. It is the court that has to make a pronouncement at the end of the case. If the court gives him indemnity, then there’s nothing we can do. Our hands are tied for now,” the DPP said.
Meanwhile, Shongwe’s Lawyer, Lucky Howe, said he could not comment on this because ‘the matter is still in court’.
‘Ncaza’ and ‘Tata’ are both State witnesses in terms of Section 204 of the Criminal Procedure and Evidence Act.
Section 204 was enacted as a prosecutorial tool that moves the witness, usually an accomplice or an accessory, to testify despite the self-incriminatory nature of the testimony.
This Section is used when the State requires a person who may have been a party to a crime to testify against others.
The State’s justification for sacrificing a conviction against the witness is that without offering indemnity, it may not secure any convictions at all.
Of the four people who have been linked with Gamedze’s death, only Sipho Shongwe is currently incarcerated and faces a murder charge.
EXTRADITED TO ESWATINI
‘Ncaza’ and his countryman, ‘Tata’ Ngubane were both arrested in their country of origin, South Africa, and extradited to Eswatini to give evidence against Shongwe after striking a deal with the prosecution to turn State witnesses.
After giving evidence, both men, who testified separately and were in the country on separate dates, returned to South Africa.
Nkosi returned to a SA prison because he was still serving sentence, while Ngubane was freed because he had already completed a twoyear sentence for unlawful possession of a firearm.
The fourth person, Sicelo ‘Dzodzo’ Luthango/Zikalala, who is an Eswatini national, is still at large and his whereabouts remain unknown.
On Monday, February 14, 2022, an emotional Nkosi stood before High Court Judge Nkosinathi Maseko and narrated how he had shot Gamedze dead at a Galp Filling Station in Ezulwini on Sunday, January 14, 2018.
The South African national told the court that he, together with his countryman ‘Tata’ Ngubane, who also turned State witness, and Sicelo ‘Dzodzo’ Luthango/Zikalala had followed Gamedze from the Somhlolo National Stadium, where the latter’s soccer team Mbabane Swallows had played against rivals Manzini Wanderers.
He told the court how he took a firearm and walked towards the filling station, while ‘Dzodzo’ removed the registration plates from the vehicle they were travelling in, and approached Gamedze’s vehicle from the back while the businessman was walking out of the filling station’s convenience store towards the car.
He said he went around the vehicle and shot Gamedze twice in the head while the businessman was standing next to the car.
PULLED THE TRIGGER
From there, Nkosi said, he ran to their car and they took off to Manzini.
During his testimony, as he admitted to having pulled the trigger in the daylight deadly shooting of the businessman, Nkosi apologised to the Gamedze family and the Eswatini nation for his actions.
He pleaded for the Gamedzes and emaSwati to find it in themselves to forgive, as he alleged that he was coerced and threatened to do what he did. He claimed that it was not his intention to kill Gamedze, but did it out of fear for his life and that if his family.
He alleged that Shongwe threatened to kill his pregnant girlfriend, family and 14-year-old daughter in the event he failed to kill Gamedze.
Nkosi, quoted verbatim by the Times of Eswatini daily newspaper, said: “Ngicela umndeni waka Gamedze ungicolele. Lento ngenziswa. Ngiyacolisa ukunivusela amanceba namhla nje. Ngicela niduduzeke. Ngicela umphakatsi waseSwazini ududuzeke futhi ungicolele. Ngiyacolisa kakhulu ukunivusela amanceba namhla nje.”
UNDERWORLD BOSS
He related to the court that it all began when he received a call from murdered underworld boss, Farouk Meyers on January 8, 2018, who told him that there were people from Eswatini who were waiting to see him at his (Farouk’s) workshop at Eldorado Park about a job.
Farouk, who was also reportedly expected to give a testimony in the Gamedze case, was murdered execution-style when he was shot and
killed outside of his auto spares shop while in the passenger seat of a car; the driver was also killed.
Nkosi told the court that since it was January and he did not have a job yet he needed money, he was excited and proceeded to the workshop where he allegedly met Shongwe and another man called Charlie, whom he later learnt was ‘Dzodzo’.
KILL
He alleged that Shongwe told him that he had a job for him in Eswatini, which was different from what he was used to doing.
He informed the court that Shongwe told him that there was a man in Eswatini who was ill-treating him and the man had allegedly blocked his routes to smuggle drugs in and out of the country.
Nkosi alleged that Shongwe promised him E80 000 for
the job, and also alleged that Shongwe said he could kill the man himself, but people in Eswatini would know that he was the one who did it.
He claimed to have turned down Shongwe’s job offer but became scared after Shongwe allegedly told him that he knew which school his firstborn child attended and where he resided with his pregnant girlfriend.
ROBBING
He claimed to have then given in but called his friend Ngubane to accompany him so that he could be his ‘eyes’ just in case something happened to him while in Eswatini.
He said he did not tell Ngubane that the job they were coming for in Eswatini was to kill someone but told him that it was about robbing a man who carried a lot of money in the boot of his car.