Latest news with #CriminalProcedureAct
The South African
2 days ago
- The South African
Former ANCYL secretary-general's killer gets hefty prison sentence
The Pietermaritzburg High Court on Friday, 5 July 2025, sentenced 37-year-old Sibusiso Ncengwa to an effective 25 years in prison for the murder of former ANC Youth League Secretary General Sindiso Magaqa and several related crimes. Ncengwa pleaded guilty under Section 220 of the Criminal Procedure Act on 6 June 2025, admitting to shooting Magaqa in uMzimkhulu on 13 July 2017. He also confessed to attempting to kill Jabulile Msiya, Nonsikelelo Mafa, and Nceba Mazongolo, damaging vehicles and unlawfully possessing firearms and ammunition. In his admissions, Ncengwa outlined the events leading to Magaqa's murder and named his co-accused Sbonelo Myeza, Mlungisi Ncalane and Mbulelo Mpofana. He also revealed the names of the alleged masterminds who planned the assassination. During sentencing, Advocate Elvis Gcweka presented victim impact statements from Magaqa's brother and a KwaZulu-Natal ANC member. Magaqa's brother described him as a community leader who had established a soccer team for local youth and was his family's breadwinner. The ANC statement described Magaqa's death as a loss to the organisation. The court sentenced Ncengwa to 25 years for conspiracy to commit murder and another 25 years for murder. He also received five years' imprisonment for each of the three counts of attempted murder. Three years for each of the three counts of malicious injury to property. For the firearm-related offences, the court sentenced him to five years for unlawful possession of a prohibited firearm. Another five years for unlawful possession of a firearm, and one year for unlawful possession of ammunition. The court ordered that these sentences run concurrently, resulting in an effective prison term of 25 years. KwaZulu-Natal Director of Public Prosecutions Adv Elaine Harrison welcomed the conviction and praised law enforcement partners, especially the Political Killings Task Team. 'We hope sentences like this deter like-minded individuals,' she said. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
IOL News
6 days ago
- IOL News
14 more charges added, but ‘most wanted' is nowhere to be found
Vuyolwethi 'Yesu' Tshukela faces charges including murder, attempted murder, and extortion. Image: Armand Hough / Independent Media WHILE the State added a host of new criminal charges against Vuyolwethu 'Yesu' Tshukela, bringing the total to 18, the Athlone Magistrates' Court heard on Thursday that his exact whereabouts were temporarily unknown. Alleged taxi hitman, Tshukela, was arrested last month in Welkom in the Free State after months on the run, initially facing four charges. These included murder, attempted murder, and extortion. However, the State revealed on Thursday that after consulting with a senior advocate, 14 more charges were added. Among them are kidnapping, robbery, assault, intimidation, malicious injury to property, arson, and a second count of attempted murder, this time allegedly involving a security officer. Alleged taxi hitman, Vuyolwethu 'Yesu' Tshukela, failed to appear in the Athlone Magistrate's Court on Thursday. Image: Armand Hough / Independent Newspapers The State prosecutor told the court: 'Your Worship, the charge sheet at first appearance only reflected four charges. That has now changed to 14 additional charges being added after consultation with the State advocate.' Before proceedings began, court orderlies informed the State that Tshukela had not been brought to court. A police officer explained that when he went to Pollsmoor Correctional Facility in the morning, Tshukela was not there and had been moved the week before to another facility, due to safety concerns, but no one seemed to know which. 'The accused is not before the court, Your Worship. He wasn't brought from Pollsmoor this morning,' the prosecutor said. The State confirmed that arrangements had since been made with Pollsmoor officials to ensure the accused is present at his next scheduled appearance. The prosecutor added: 'Due to the higher risk posed by the accused, he is not kept at Pollsmoor. However, after speaking to the chief at Pollsmoor, arrangements have been made for him to be brought to court next time.' The court heard that Tshukela's legal representative had been consulted on Thursday morning and indicated that the accused would be abandoning his bail application. However, this could not be confirmed due to his absence. Magistrate Keith Le Keur expressed concern about Tshukela not being in court, highlighting the procedural importance of the accused being present. 'But the only reason he is not here must be in terms of Section 159(3)(c) of the Criminal Procedure Act, for example, if he were in hospital. There must be a medical certificate,' said Le Keur. 'Pollsmoor cannot simply decide to keep him there arbitrarily. Under normal circumstances, I would have postponed it to the next day to have him here and then roll the matter in his presence. The proceedings must happen in the presence of the accused.' The State asked that a J7 warrant be issued for Tshukela in absentia and for the matter to be remanded. 'Your Worship, a date has been arranged with Mr Ntsindane for July 18. The State requests that the matter be remanded to that date, for the accused to be before the court as well as his attorney.' The magistrate agreed and postponed the case to July 7. The accused will face all 18 charges, including two counts of attempted murder, robbery, arson, assault with intent to cause grievous bodily harm, and extortion. Cape Times
IOL News
6 days ago
- IOL News
Yesu's legal troubles deepen: 14 new charges including kidnapping
Alleged taxi hitman, Vuyolwethu 'Yesu' Tshukela, failed to appear in the Athlone Magistrate's Court on Thursday. Image: Armand Hough / Independent Newspapers The State has added a host of new criminal charges against the man known as Yesu, bringing the total to 18. But on Thursday, the Athlone Magistrates' Court heard that the accused, Vuyolwethu Tshukela, could not be brought to court, and his exact whereabouts were temporarily unknown. Tshukela, arrested last month in Welkom in the Free State after months on the run, initially faced four charges. These included murder, attempted murder, and extortion. However, the State revealed on Thursday that after consulting with a senior advocate, 14 more charges were added. Among them are kidnapping, robbery, assault, intimidation, malicious injury to property, arson, and a second count of attempted murder, this time allegedly involving a security officer. The State prosecutor told the court: 'Your Worship, the charge sheet at first appearance only reflected four charges. That has now changed to 14 additional charges being added after consultation with the State advocate.' Before proceedings began, court orderlies informed the State that Tshukela had not been brought to court. A police officer explained that when he went to Pollsmoor Correctional Facility in the morning, Tshukela was not there and had been moved the week before to another facility, due to safety concerns, but no one seemed to know which. 'The accused is not before the court, Your Worship. He wasn't brought from Pollsmoor this morning,' the prosecutor said. The State confirmed that arrangements had since been made with Pollsmoor officials to ensure the accused is present at his next scheduled appearance. The prosecutor added: 'Due to the higher risk posed by the accused, he is not kept at Pollsmoor. However, after speaking to the chief at Pollsmoor, arrangements have been made for him to be brought to court next time.' The court heard that Tshukela's legal representative had been consulted on Thursday morning and indicated that the accused would be abandoning his bail application. However, this could not be confirmed due to his absence. Magistrate Keith Le Keur expressed concern about Tshukela not being in court, highlighting the procedural importance of the accused being present. 'But the only reason he is not here must be in terms of Section 159(3)(c) of the Criminal Procedure Act, for example, if he were in hospital. There must be a medical certificate,' said Le Keur. 'Pollsmoor cannot simply decide to keep him there arbitrarily. Under normal circumstances, I would have postponed it to the next day to have him here and then roll the matter in his presence. The proceedings must happen in the presence of the accused.'
Otago Daily Times
02-07-2025
- Otago Daily Times
Name suppression continues for prominent New Zealander
File photo A prominent New Zealander has been granted continued suppression orders prohibiting media from publishing his name and the charges he faces. It was revealed on Monday the prominent New Zealander was arrested last week. After being made aware of the man's arrest, the Wellington District Court was approached to see if there were any suppression orders and when he would be appearing in court. In response, a registrar said the man faced eight charges, all of which are category three offences meaning the offence is punishable by imprisonment for life, or imprisonment for two years or more. However, an application had been granted prohibiting media from being able to report the man's name, identifying particulars as well as the nature of the charges he faced before his first appearance. On Thursday, the man appeared in the Wellington District Court. Media opposed the suppression orders. However, the defendant's lawyers asked for the orders to continue on an interim basis until their next appearance. Judge John Laurenson agreed to continue the orders. The man was remanded on bail without plea until his next appearance in August. The suppression orders will be argued then. Under the Criminal Procedure Act a court may make an order forbidding publication of the name of a person who is charged with an offence if the court is satisfied publication would be likely to result in eight different outcomes including causing extreme hardship and creating a real risk of prejudice to a fair trial. The fact a defendant is well known does not, of itself, mean that publication of his or her name will result in extreme hardship. At first appearance a defendant only needs to advance an "arguable case" that one of the eight grounds applies. The only section in the Criminal Procedure Act that permits suppression of the charges is section 199C, which permits suppression of "trial-related information" where the court is satisfied publication of that information is likely to create a real risk of prejudice to a fair trial. Trial-related information includes "any other specific information in relation to any trial". Where an interim order is made under section 199C it only lasts until the defendant's next court appearance.
TimesLIVE
02-07-2025
- Politics
- TimesLIVE
NPA petitions SCA on discharge of Ace Magashule's ex-PA Moroadi Cholota
The National Prosecuting Authority (NPA) has filed a petition with the Supreme Court of Appeal (SCA) for leave to appeal the judgment delivered in the Free State High Court regarding Moroadi Cholota's special plea on the lack of the court's jurisdiction in the asbestos case. Last month Cholota successfully challenged her extradition from the US to testify in the corruption trial where her former boss, former Free State premier Ace Magashule, is one of the accused. The NPA initially filed for Cholota, who was studying in the US, to be extradited in 2022 after linking her to the corruption case. After her extradition, Cholota was included in the case as an accused. However, judge Phillip Loubser said Cholota's extradition was unlawful and the court was precluded from trying the offences she was charged with. She was then discharged. 'The petition to the SCA follows after judge Loubser dismissed the NPA's request for the judge to reserve questions of law in terms of the Criminal Procedure Act,' NPA spokesperson Mthunzi Mhaga said. He said the NPA believed the judge erred in dismissing the application for leave to appeal, there were reasonable prospects of success to appeal the judgment and there were compelling reasons for the SCA to hear the state's appeal. 'We are also exploring the possibility of approaching the Constitutional Court, challenging the same judgment, given the possible far-reaching implications on many other extradition matters.' TimesLIVE reported the charges Cholota was facing related to a R255m asbestos contract awarded about six years ago by the Free State department of human settlements to the Blackhead Consulting joint venture to audit, assess and remove asbestos from homes in some of the Free State's poorest areas.
