Bail for Qumbu accused could lead to bloodbath — witnesses

Witnesses at the bail hearing of four Qumbu men accused of killing four youths in a stocktheft related lynching are afraid of a bloodbath and revenge attacks.

The state witnesses believe there would be a general outcry and violence if the accused were released on bail, saying the outrage could even spread to other villages.

This emerged in the Qumbu magistrate’s court yesterday, where four Mbentsa village men — sub-headman Mthuthuzeli Sydwell Thungata, 64, Mkhukhwini Colomas Dlepu, 67, Makhosoxolo Noranga, 61, and his son Nyameko Noranga, 33 — are applying for bail.

A fifth accused, Gugulethu Goodman Ndzuzo, 57, who the state claims was found in possession of the murder weapon, a 9mm pistol loaded with 21 live rounds of ammunition, has abandoned his bid for bail.

The five are on trial for the murder of two Grade 12 pupils,

Mmiselo Diya, 22, and Lonwabo Welcome Dakana, 20, as well as two other men, Sakhumzi Bilikwana, 25, and Mabhuti Bhala, 31.

Their bullet-riddled bodies were found dumped in an open field on May 19 at Mbentsa village.

Mbentsa headman Thembinkosi Matiwane and MiddleTyirha Luxeni village headman Siviwe Mcelu, led by state prosecutor Elizabeth Mcaba, on behalf of their communities, asked the court to deny bail to the suspects.

“We fear for the lives of the accused and the lives of the community. There would be an outcry and we fear a bloodbath as the families of the deceased, as well as others in the community, have said they want to avenge the killings,” Mcelu said.

“The community is devastated and angry with these murders.”

Mcelu and Matiwane said the killings had created animosity between Middle-Tyirha and Mbentsa villages.

“This can spread to many other areas and there will be bloodshed,” Mcelu said.

Earlier the investigating officer, Warrant Officer Ayanda Maliwa, also opposed bail and submitted a petition signed by 60 people asking the court to deny the accused bail.

Maliwa feared that if released on bail, they could evade trial, interfere with witnesses and jeopardise investigations.

“They had already interfered with the crime scene and removed cartridges,” Maliwa said.

Defence attorney Sithembele Tshitshi said his clients were “innocent people who never participated in the killings”.

Maliwa said: “The victims were killed execution-style. They all had bullet holes in their heads.”

Tshitshi tried to poke holes in the testimony of the witnesses, and described his clients as “people of integrity with a certain status at their village”.

“They are trustworthy and respected in the community. They are here for a crime they never committed,” he said.

Tshitshi said only one accused, Ndzuzo, was found in possession of the firearm and ammunition.

“All these four applicants are innocent,” he said.

The investigating officer said the state’s case was that all five accused acted with common purpose to kill the young men.

Tshitshi said his clients had chronic ailments and were older than 60. In the overcrowded prison they would easily contract Covid-19.

The two headmen told the court they were working with the Qumbu police station commander to return peace between the relatives of the victims and the accused in the village.

Magistrate Vuyisa Dyomfana said: “One of the arms of justice is peace. We need to see peace.

“The two headmen and the station commander must be given space for peace talks. We do not want bloodshed in our communities.”

Dyomfana postponed the bail hearing to Monday.