Alleged mastermind behind Zibuse Mlaba's murder delays bail application by firing lawyers
Image: Nomonde Zondi
The bail application of an alleged mastermind behind the murder of former KZN MPL Zibuse Mlaba has been delayed as he has fired his legal counsel.
Duncan Mzamo Mlaba, known as Mzamo, was due to apply for bail at uMlazi Magistrates Court for the murder of Mncedisi Gwala, whom he allegedly sent to kill Zibuse in October 2021. A hitman Fortune Dlamini who pleaded guilty to killing Zibuse, implicated Mzamo as the mastermind who paid R130 000 for the hit. Mzamo and Zibuse are cousins.
In his plea Dlamini alleged that Mzamo instructed him to get hitmen to kill Gwala after they discovered that the police collected DNA at the murder scene of Zibuse. Zibuse was a former ANC provincial deputy chairperson while former president Jacob Zuma was a chairperson. Zibuse is also a former chief of KwaXimba in Camperdown.
Dlamini has since been sentenced to 18 years imprisonment by the Camperdown Regional Court.
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Former KZN MPL and ANC veteran Zibuse Mlaba, who was allegedly killed by his cousin Mzamo Mlaba.
Image: Supplied
The bail application, which was set for two days, did not take place as Mzamo changed his legal representative in the last hour. The bail application, which is a Schedule 6 matter under the Criminal Procedure Act, was scheduled to start on Wednesday. However, the State and his counsel at the time, advocate Christo Van Schalkwyk SC, asked for the matter to be postponed to Thursday.
Van Schalkwyk told the court that they had consulted with Mzamo and had to amend his affidavit. The State said it was waiting for responses from departments as they were verifying certain information regarding what was in Mzamo's affidavit.
Moreover, when the matter was postponed on Wednesday, Van Schalkwyk said they might be compromised due to financial issues.
On Thursday morning, Schalkwyk and his instructing attorney, Arvina Harricharan, had arrived early in court carrying a stack of documents, including a 64-page affidavit of Mzamo, prepared to continue with the bail application.
However, before the matter could start, the Mlaba family supporting Mzamo was seen having intense discussions with Harricharan and Schalkwyk, which lasted for approximately an hour. Shortly after that, a new lawyer was seen talking to the legal team that has now been dismissed.
When the matter was called in court, Schalkwyk told the court that his instructions have been terminated.
'I apologise for any inconvenience,' Schalkwyk said to the court.
Harricharan confirmed what Schalkwyk said.
'I was instructed by the accused that our mandate has been terminated,' she said.
Schalkwyk said the matter would now be taken by attorney Sipho Mkhize. Asked if he had anything to say about this, Mzamo said he had none.
Mkhize asked the court to postpone the matter to next Wednesday for the formal bail application. He said the State would be sent the affidavit on Monday.
State prosecutor advocate Sanele Ntombela said he doesn't know if Mkhize has had time to consult with his client.
'We had agreed with the previous attorneys that the bail is under schedule six. The State still maintains that,' he added.
nomonde.zondi@inl.co.za
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Former ANC Member of Parliament Yunus Carrim narrates the untold stories of the ANC's MK Special Operations Unit. Image: Supplied Joining MK's Special Ops Shaikh threw himself into civic and political struggles in Lenasia. There was constant tension between the Black Consciousness (BC) and Congress activists. The militancy of BC activists suited Shaikh's temperament and brand of politics. But he finally opted for the 'Congressites', influenced by the politics in the Naidoo household. He increasingly felt that 'this mass politics is not for me. I want to go to the next level. It was convenient to be in mass politics and not the armed struggle because that was a harder option.' So, he approached Chacha to link him to the ANC. Chacha's brother, Aboobaker Ismail, had joined MK and would at times meet their parents in Swaziland. In September 1981, Chacha took Shaikh with them. 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I told Chacha you should have replied, 'Baas, ek doen niks vanaand, maar ek kom weer môre [Boss, I'm not doing anything tonight, but I'll be back tomorrow].' We laughed and returned home.' The fuel depot was damaged at about 02:20, but the limpet at the civic centre was discovered and defused. Shaikh said, 'The regime claimed that highly trained terrorists [laughter] were involved and planned to annihilate the cream of society.' In late 1986, Shaikh and Chacha went to East Germany for training. On landing, the pilot announced their names and asked them to disembark. 'What's this about? I was scared there might be [apartheid] security branch guys among the passengers.' An East German government official came onto the plane and took them away in a Mercedes, followed by a military vehicle. 'It's everything we've seen in the movies. We were very surprised …' They were trained for three months. Shaikh observed 'all the little contradictions we'd heard about in Soviet-style communism. 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