Durban — As the two men charged with the murder of an Overport businessman and 14 others, head to the Durban High Court this week for their pre-trial which has dragged on for more than six months, the family of the murdered man is anxiously waiting for the trial to get under way.
Sbonelo “Madanon” Wiseman Shangase, 32, and his co-accused Thalente Mkhize, 36, face a total of 28 counts, including 15 of murder. Some of the charges relate to a mass shooting where six people were killed in Inanda in January last year.
The men’s pre-trial conference has been marred by delays on the side of the accused, and the duo not wanting to make Section 220 admissions.
Section 220 of the Criminal Procedure Act 51 of 1977 allows for formal admissions by the accused, which constitute sufficient proof of such facts and means that the State does not have to prove such facts in the trial.
Shangase and Mkhize are charged with the murders of Overport businessman Zeyn Moideen, who was shot and killed on Brickfield Road in 2022, as well as Brendan Thandroyen, his daughter Bianca Afrika, and his brother Craig Thandroyen, who were shot and killed on Mazeppa Road in the Point area.
They are also charged with the murder of Moideen’s neighbour, Shaheed Moodel, just weeks before Moideen’s murder in what is thought to be a case of mistaken identity with the intended target being Moideen.
The alleged hitmen also face two attempted murder charges, as two other people, including Craig's 13-year-old son, were shot at.
Four months after Moideen’s murder, Reesin Perumal was arrested and allegedly confessed to police to paying for the hit. However, the charges against Perumal were dropped by the National Prosecuting Authority due to a lack of evidence to prosecute.
Moideen was shot as he was putting something in the boot of his car while his children were inside the vehicle.
When ENCA reported on the charges against Perumal being dropped it aired a recording where he is heard saying that he was the one who paid the money for the hit. Independent Media also has the recording.
The Moideen family said that they believed the justice system should have fought harder when it came to the charges against Perumal.
“Perumal in the recording says he paid the shooters to kill my brother but we are going to court to wait for their sentencing while the mastermind is still walking free,” said a family member who did not want to be named.
“The shooters were hired and instructed to carry out the murder, we still find it hard to accept that there was not enough evidence to prosecute especially with no proper explanation as to why. The hitmen did not know Zeyn. It has been two years and four months since Zeyn passed away, and we are still not happy with the decision. We are hoping that the trial might link the mastermind.”
In June when the men were in court their private attorney agreed before Judge Bruce Bedderson to continue representing the men after being reassured by them that he would be paid.
Bedderson had highlighted the period that the accused had been in custody, saying that the trial needed to start. He added that Nkatha agreeing to continue representing the men meant that “he was handcuffed to the train and wouldn't be able to jump off.”
However, in July Nkatha still had not been placed in funds as was the situation on the previous occasion when they were in court.
Shangase was warned by the court that should he have not paid Nkatha when he appears in court again on Thursday he would represent himself.
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