There was a sombre moment at the Camperdown Magistrate's Court on Friday morning when the court read out the charges against the cousin of Zibuse Mlaba, who allegedly paid R130 000 to hitmen to kill Mlaba.
Mlaba, the former KZN MPL and former chief of KwaXimba, was gunned down in October 2021 at Wareing's Shopping Centre, outside his office. He was also a provincial deputy chairperson of the ANC when former president Jacob Zuma was the chairperson.
Duncan Patrick Mzamo Mlaba, 63, made his first appearance in court after he handed himself to the police on Thursday morning.
According to the State, the police unit that is mandated to investigate killings of traditional leaders went to his home on Thursday morning to arrest him, but he was not there. They went to a second and third address but he was not found.
They then received a call from his lawyer, Arvina Arjoon, and it was agreed that he would hand himself over at the Camperdown police station.
During court proceedings, Magistrate SB Ngcobo told Mzamo that he was charged with conspiracy to commit murder.
“It’s alleged that during October 2021 and other dates unknown to the State, you unlawfully and intentionally conspired with other persons to commit the offence of murder, to unlawfully and intentionally kill Mlaba,” he said reading his charge sheet.
Mzamo was charged with his cousin's murder, Magistrate Ngcobo noted. The family members seated in the gallery were tearful at this point.
Mlaba's sister, Nomadlozi, sobbed as she stood up and walked out of the courtroom.
Additionally, Mzamo is charged with defeating the administration of justice by destroying the firearms that were used to kill Mlaba on October 30, 2021.
State prosecutor Advocate Sanele Ntombela said the State was not able to proceed as they needed to verify Mzamo’s address.
“We’ve agreed on a date for bail to proceed on April 14,” he added.
Ntombela said the bail would be under schedule six of the Criminal Procedure Act.
Arjoon accused the State of coming with a delaying tactic and said her client has been cooperative with the police and she has proof of that. She said this was an old matter and contact was made with her client.
“Information could have been verified before his arrest,” she said.
Additionally, the lawyer stated that she would like the certificate indicating the schedule under which the bail application will be filed.
Ntombela said the certificate would be given to Arjoon.
Magistrate Ngcobo said he thought it was an agreement made in chambers that the bail application would be on the said date, adding that he would not be doing the application as he is the one who refused bail for the first accused, Mthobisi Tsebang Dubazana, from uMlazi.
Mzamo’s arrest comes after Fortune Dlamini pleaded guilty on Thursday and implicated him as the man who told him to organise the hitman as he needed Mlaba dead.
Dlamini told the court that after the murder, Mzamo paid R10 000 each for the two firearms that were used.
“After learning that police collected DNA at the murder scene, Mzamo instructed me to find a hitman to kill Mncedisi Gwala,” he said.
According to Dlamini, Gwala was hired to kill Mlaba.
Outside court, it was learned that Mzamo was a feared man in the area.
Still tearful and upset, Nomadlozi expressed her heartbreak over her brother's death.
She expressed distress that a family member was suspected of being responsible for her brother's death. Her brother was a hero, she added.
“We are thankful that at the end of the day, the truth is coming out. We want to thank the police for their good work.”