Latest news with #CriminalLawAmendmentAct105
IOL News
06-07-2025
- 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
06-07-2025
- 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
02-07-2025
- IOL News
Chanelle Plaatjies murder: Suspects abandon bail bid amid ongoing investigation
The distraught Plaatjies' family previously asked for the police not to drag the case as they did with the slain 4-year-old Mia Botha's case. Image: Ayanda Ndamane / Independent Newspapers The three men accused of murdering 16-year-old Chanelle Plaatjies have abandoned their bail application and will remain in custody until their next court appearance. Keaton Johnson, 19, Bradley Mamani, 25, and Theodore Qatha, 31, appeared in the Paarl Magistrate's Court on Tuesday facing charges relating to the brutal murder of the teenage girl from Paarl East. They first appeared in court on June 20. Johnson was reportedly the teenager's boyfriend. Plaatjies went missing on May 14. After a desperate two-week search by her family and community, human remains were discovered in a wooded area about a kilometre from her home, but DNA tests had to confirm it was her body that was dug out of the shallow grave. Police spokesperson, FC van Wyk said: "Be advised that the DNA results were received and confirmed that the body of a female discovered buried in the woods in Paarl East near to prison is indeed 16-year-old Chanelle Plaatjies." Chanelle Plaatjies Image: Facebook According to the charge sheet, the accused are charged with premeditated murder. The State alleges that 'the accused did unlawfully and intentionally kill Chanelle by strangling her and burying her body in a shallow grave'. The charge falls under Part I of Schedule 2 of the Criminal Law Amendment Act 105 of 1997, which deals with aggravated forms of murder, including killings committed as part of a group, conspiracy, or with premeditation. As such, if convicted, the accused face a mandatory sentence of life imprisonment. Action Society spokesperson, Kaylynn Palm, who was present at court on Tuesday, confirmed that one of the accused had initially considered applying for bail but later withdrew the application. All three ultimately abandoned their bids and remain in custody. 'Action Society is at Paarl Magistrate's Court for the murder case of Chanelle Plaatjies. Three people were arrested, including the boyfriend, and they appeared in court. On Tuesday, all of them abandoned their bail,' said Palm. She added that the State informed the court that several investigative reports were still outstanding. 'According to the State, outstanding items include the DNA report, soil analysis, and toxicology report,' Palm said. She also noted that the accused alleged mistreatment while in custody. 'They complained that they were roughed up by the wardens and were apparently injured, but they didn't produce any evidence of that.' Palm said Action Society will keep an eye on the future court proceedings. The matter has been postponed to August 1, 2025, for further investigation. Plaatjies' family previously asked for the police not to drag the case as they did with the slain 4-year-old Mia Botha's case. "We would like to request that the police keep the investigating officer and not hand the case over to other officers, as they did with the Mia case. The detective was very good and thorough when my sister went missing. "We don't want to find ourselves years from now asking questions about Chanelle's cold case. This is our only request to the police." Get your news on the go, click here to join the Cape Argus News WhatsApp channel. Cape Argus
IOL News
02-07-2025
- IOL News
Accused in Chanelle Plaatjies murder case abandon bail application
Chanelle Plaatjies' body was found buried in a shallow grave. Image: Facebook The three men accused of murdering 16-year-old Chanelle Plaatjies have abandoned their bail application and will remain in custody until their next court appearance. Keaton Johnson, 19, Bradley Mamani, 25, and Theodore Qatha, 31, appeared in the Paarl Magistrate's Court on Tuesday, facing charges relating to the brutal murder of the teenage girl from Paarl East. Johnson was reportedly the teenager's boyfriend. Plaatjies went missing on May 14, 2025. After a desperate two-week search by her family and community, her remains were discovered in a wooded area about a kilometre from her home. Her body had been buried in a shallow grave. 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 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. Next Stay Close ✕ According to the charge sheet, the accused are charged with premeditated murder. The State alleges that 'the accused did unlawfully and intentionally kill Chanelle by strangling her and burying her body in a shallow grave'. The charge falls under Part I of Schedule 2 of the Criminal Law Amendment Act 105 of 1997, which deals with aggravated forms of murder, including killings committed as part of a group, conspiracy, or with premeditation. As such, if convicted, the accused face a mandatory sentence of life imprisonment. Action Society spokesperson Kaylynn Palm, who was present at court on Tuesday, said: 'Action Society is at Paarl Magistrate's Court for the murder case of Chanelle Plaatjies. Three people were arrested, including the boyfriend, and they appeared in court. All of them abandoned their bail.'
IOL News
01-07-2025
- IOL News
Suspects in Chanelle Plaatjies murder case abandon bail application
Chanelle Plaatjies' body was found buried in a shallow grave. Image: Facebook The three men accused of murdering 16-year-old Chanelle Plaatjies have abandoned their bail application and will remain in custody until their next court appearance. Keaton Johnson, 19, Bradley Mamani, 25, and Theodore Qatha, 31, appeared in the Paarl Magistrate's Court on Tuesday, facing charges relating to the brutal murder of the teenage girl from Paarl East. Johnson was reportedly the teenager's boyfriend. Plaatjies went missing on May 14, 2025. After a desperate two-week search by her family and community, her remains were discovered in a wooded area about a kilometre from her home. Her body had been buried in a shallow grave. 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 ✕ Ad loading According to the charge sheet, the accused are charged with premeditated murder. The State alleges that 'the accused did unlawfully and intentionally kill Chanelle by strangling her and burying her body in a shallow grave'. The charge falls under Part I of Schedule 2 of the Criminal Law Amendment Act 105 of 1997, which deals with aggravated forms of murder, including killings committed as part of a group, conspiracy, or with premeditation. As such, if convicted, the accused face a mandatory sentence of life imprisonment. Action Society spokesperson Kaylynn Palm, who was present at court on Tuesday, confirmed that one of the accused had initially considered applying for bail but later withdrew the application. All three ultimately abandoned their bids and remain in custody. 'Action Society is at Paarl Magistrate's Court today for the murder case of Chanelle Plaatjies. Three people were arrested, including the boyfriend, and they appeared in court. On Tuesday, all of them abandoned their bail,' said Palm.
