ANCYL leader Sindiso Magaqa's killer pleads with court for leniency
Image: Bongani Hans Independent Media
The man who confessed to killing the former secretary general of the ANC Youth League Sindiso Magaqa will know next Monday how long he will spend in prison for this crime.
Sibusiso Ncengwa will not get a life sentence after the state agreed to a lesser sentence than that which is prescribed for the nature of this crime because he confessed from the day he was arrested in 2018 and disclosed the names of those who had contracted the hitmen.
Magaqa was allegedly targeted for exposing corruption within the municipality.
Ncengwa's lawyer, Advocate Andrew Matlamela, told Judge Nontuthuzelo Mlaba at the Pietermaritzburg High Court on Monday that his client deserved a lesser sentence than life because he had already spent eight years in custody while awaiting trial.
This was despite Ncengwa already serving 30 years in prison for unrelated crimes, which include attempted murder and robbery with aggravating circumstances.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Next
Stay
Close ✕
Matlamela said the court should be lenient towards Ncengwa as he participated in Magaqa's murder but he was not the gunman who fired the AK47.
The actual killer was Jabulani Mdunge, who was later killed during a shootout with the police.
'The accused not only pleaded guilty, but he fully disclosed who the instigators were,' said Matlamela.
Both the state and the defense agree that Ncengwa should be transferred from New Prison in Pietermaritzburg to Durban's Westville Prison for the sake of his safety, as he will be testifying on behalf of the NPA against the instigator of Magaqa's murder.
He also said his client, whose level of education ended at grade 10 in school, had a subnormal intelligence and was motivated by the need to generate income to support his family, including his four minor children.
At the time he committed the crime, he generated money by selling food on the street.
Matlamela said Ncengwa was so remorseful for his actions that he wanted to apologise to Magaqa's family for the role he played in the crime.
'He attempted to get contact details for the survivors to apologise, but he didn't get the contact details."
During his confession, Ncengwa revealed the late former KwaZulu-Natal ANC treasurer Mluleki Ndobe, who was the mayor of the Mzimkhulu Municipality when Magaqa was killed, was one of the conspirators.
The gunman opened fire at Magaqa's car, injuring him and female councillors Jabulile Msiya and Nonsikelelo Mafa.
Mafa and Msiya survived while Magaqa died later in hospital.
Ndobe was initially arrested and charged with murder, but charges were later dropped.
It was alleged that the conspiracy to kill Magaqa was put together to stop him up from spilling the beans on corruption surrounding the multi-million rand construction of a community hall in Mzimkhulu.
Magaqa's murder left his family in dire financial distress.
State Advocate Elvis Gcweka described the devastating effect that political killings have caused in KwaZulu-Natal over the years.
Such killings became the subject of the Moerane Commission, which was established in 2016 - before Magaqa's murder.
'Some of the witnesses that have testified before this court repeated what was said in that commission that 'something was rotten in the state of Denmark'.
'That commission was clearly describing KwaZulu-Natal in respect of the political killings.
'Even after the Moerane Commission had concluded, regrettably, there was no reduction in the rate of political killings,' said Gcweka.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Citizen
3 hours ago
- The Citizen
JUST IN: Magaqa's killer sentenced
Magaqa was killed before he could reveal the information he had on alleged corruption in a KwaZulu-Natal municipality. Magaqa was shot in July 2017 and succumbed to his injuries after spending time in the hospital. Picture: Supplied One of the men who killed former ANCYL secretary-general Sindiso Magaqa has been sentenced to 25 years for murder. Sibusiso Ncengwa admitted that he was part of a group of men who were paid R120 000 to kill Magaqa in 2017. His lawyers had pleaded for leniency. They argued that he had apologised to the Magaqa family and had shown remorse for his deeds. Ncengwa is also serving time in prison for other crimes unrelated to Magaqa's murder. These include armed robberies. NOW READ: Malatji condemns alleged involvement of ANC members in Magaqa murder
IOL News
21 hours ago
- IOL News
When the music plays, the guilty tremble: Those implicated in Magaqa's assassination may face the law
Ncengwa, one of four accused who have been facing this case for eight years, pleaded guilty in pursuit of leniency. His admission shattered the reputations of respected public officials and revealed allegations of orchestrated criminality embedded within state systems. The testimony of Sibusiso Ncengwa (37) opens the door for the masterminds, coordinators, and hitmen implicated in the brutal murder of Sindiso Magaqa, former Secretary General of the ANC Youth League in September 2017, to face the full force of the law. In his formal plea statement submitted in terms of Section 220, Ncengwa revealed the painful truth that Magaqa was murdered because of his commitment to fighting crime and corruption within the Umzimkhulu Local Municipality, under the Harry Gwala District. His investigative efforts and steadfast opposition to corruption placed him in grave danger after uncovering patronage schemes that undermined fair procurement processes, and alleged embezzlement of funds earmarked for public infrastructure. According to Ncengwa, the plot to assassinate Sindiso Magaqa was initiated by Mluleki Ndobe, the then-mayor of the Harry Gwala District Municipality, who later shot himself at his home in November 2020, and Zweliphansi Sikhosana, the then-manager of the Umzimkhulu Local Municipality. These senior figures, Ncengwa claims, were aided by Mdu Ncalane, executive communications official at eThekwini Municipality and a known ANC provincial leader in KwaZulu-Natal. Ncengwa further stated that Mdu Ncalane played a pivotal role in linking Ndobe and Sikhosana to the hitmen, including Ncengwa himself, Mbulelo Mpofana, Sibonelo Myeza, and Mlungisi Ncalane. Ncengwa reported that Mdu Ncalane oversaw the delivery of the initial payment, approximately R120,000, which was divided among the perpetrators. These allegations underscore the reach of the justice system in addressing organised crime, particularly where a gunman, a plot originator, and an intermediary are involved. This is supported by provisions of the Criminal Law Amendment Act 105 of 1997, whose application surges with the fury of the uThukela in flood, when brought to bear against orchestrated acts of violence. Under the legal doctrines of common purpose and collaborative criminal intent, soliciting, facilitating, or aiding a murder is legally tantamount to drawing the bow and firing the arrow yourself. This establishes that all who played a role must face equivalent charges. Beyond the Criminal Law Amendment Act, South African courts are bound to uphold the principle of legal precedent, where past decisions of superior courts provide binding guidance in similar cases. Rulings such as S v Mgedezi & Others (1989), S v Pule (1995), S v Masilela & Another (2001), and S v Thebus & Another (2003) establish that individuals who plan, facilitate, or materially support a murder, such as by paying for it or supplying weapons, can be held equally liable as the perpetrator, provided they shared the intent and associated themselves with the criminal act. According to this doctrine, a person who did not physically carry out the murder but who facilitated or supported the plan may face the same murder charges as the actual perpetrator. If sufficient evidence is established, Mdu Ncalane and Zweliphansi Sikhosana, named by Ncengwa as coordinators and masterminds, could face equivalent charges for premeditated murder under the classification of "principal in the first degree." This affirms the legal view that justice is not concerned with who fired the gun, but with who ordered it to be fired. The public must attentively watch Ncengwa's sentencing, scheduled for today, which follows his plea of guilty to premeditated murder, confirming that the evidence against him has already been tested by a competent court with authority to establish precedent. This creates a solid legal foundation that such evidence, once accepted for conviction, cannot later be disregarded or diminished when introduced by the National Prosecuting Authority (NPA) as leading evidence against the remaining accused, including Mdu Ncalane and a court cannot contradict or discard evidence it has previously deemed sufficient to convict. Therefore, if the NPA opts to leverage Ncengwa's testimony to pursue others, the court must treat them consistently, without bias or dilution of evidentiary weight. Accordingly, Ncengwa's sentencing must not be viewed merely as the end of a chapter in this case. It may mark the beginning of a broader challenge to government institutions, particularly the judiciary, to follow evidence with integrity, ensuring that justice proceeds unimpeded by political agendas or leadership with ulterior motives. *The opinions expressed in this article does not necessarily reflect the views of the newspaper. DAILY NEWS
IOL News
21 hours ago
- IOL News
When the music plays, the guilty tremble: Those implicated in Magaqa's assassination may face the law
Ncengwa, one of four accused who have been facing this case for eight years, pleaded guilty in pursuit of leniency. His admission shattered the reputations of respected public officials and revealed allegations of orchestrated criminality embedded within state systems. The testimony of Sibusiso Ncengwa (37) opens the door for the masterminds, coordinators, and hitmen implicated in the brutal murder of Sindiso Magaqa, former Secretary General of the ANC Youth League in September 2017, to face the full force of the law. In his formal plea statement submitted in terms of Section 220, Ncengwa revealed the painful truth that Magaqa was murdered because of his commitment to fighting crime and corruption within the Umzimkhulu Local Municipality, under the Harry Gwala District. His investigative efforts and steadfast opposition to corruption placed him in grave danger after uncovering patronage schemes that undermined fair procurement processes, and alleged embezzlement of funds earmarked for public infrastructure. According to Ncengwa, the plot to assassinate Sindiso Magaqa was initiated by Mluleki Ndobe, the then-mayor of the Harry Gwala District Municipality, who later shot himself at his home in November 2020, and Zweliphansi Sikhosana, the then-manager of the Umzimkhulu Local Municipality. These senior figures, Ncengwa claims, were aided by Mdu Ncalane, executive communications official at eThekwini Municipality and a known ANC provincial leader in KwaZulu-Natal. Ncengwa further stated that Mdu Ncalane played a pivotal role in linking Ndobe and Sikhosana to the hitmen, including Ncengwa himself, Mbulelo Mpofana, Sibonelo Myeza, and Mlungisi Ncalane. Ncengwa reported that Mdu Ncalane oversaw the delivery of the initial payment, approximately R120,000, which was divided among the perpetrators. These allegations underscore the reach of the justice system in addressing organised crime, particularly where a gunman, a plot originator, and an intermediary are involved. This is supported by provisions of the Criminal Law Amendment Act 105 of 1997, whose application surges with the fury of the uThukela in flood, when brought to bear against orchestrated acts of violence. Under the legal doctrines of common purpose and collaborative criminal intent, soliciting, facilitating, or aiding a murder is legally tantamount to drawing the bow and firing the arrow yourself. This establishes that all who played a role must face equivalent charges. Beyond the Criminal Law Amendment Act, South African courts are bound to uphold the principle of legal precedent, where past decisions of superior courts provide binding guidance in similar cases. Rulings such as S v Mgedezi & Others (1989), S v Pule (1995), S v Masilela & Another (2001), and S v Thebus & Another (2003) establish that individuals who plan, facilitate, or materially support a murder, such as by paying for it or supplying weapons, can be held equally liable as the perpetrator, provided they shared the intent and associated themselves with the criminal act. According to this doctrine, a person who did not physically carry out the murder but who facilitated or supported the plan may face the same murder charges as the actual perpetrator. If sufficient evidence is established, Mdu Ncalane and Zweliphansi Sikhosana, named by Ncengwa as coordinators and masterminds, could face equivalent charges for premeditated murder under the classification of "principal in the first degree." This affirms the legal view that justice is not concerned with who fired the gun, but with who ordered it to be fired. The public must attentively watch Ncengwa's sentencing, scheduled for today, which follows his plea of guilty to premeditated murder, confirming that the evidence against him has already been tested by a competent court with authority to establish precedent. This creates a solid legal foundation that such evidence, once accepted for conviction, cannot later be disregarded or diminished when introduced by the National Prosecuting Authority (NPA) as leading evidence against the remaining accused, including Mdu Ncalane and a court cannot contradict or discard evidence it has previously deemed sufficient to convict. Therefore, if the NPA opts to leverage Ncengwa's testimony to pursue others, the court must treat them consistently, without bias or dilution of evidentiary weight. Accordingly, Ncengwa's sentencing must not be viewed merely as the end of a chapter in this case. It may mark the beginning of a broader challenge to government institutions, particularly the judiciary, to follow evidence with integrity, ensuring that justice proceeds unimpeded by political agendas or leadership with ulterior motives. *The opinions expressed in this article does not necessarily reflect the views of the newspaper. DAILY NEWS
