Latest news with #CriminalProcedureAct51
The Citizen
10-06-2025
- The Citizen
ANC Youth League SG Sindiso Magaqa's killer pleads guilty
Magaqa was shot in July 2017 and succumbed to his injuries after spending time in the hospital. Sibusiso Ncengwa, the fourth accused in the murder trial of former ANC Youth League secretary-general Sindiso Magaqa, has pleaded guilty. Ncengwa, Sbonelo Myeza, Mlungisi Ncalane and Mbulelo Mpofana are all charged with the murder of Magaqa. National Prosecuting Authority (NPA) spokesperson Natasha Ramkisson-Kara said Ncalane was subsequently declared unfit to stand trial and is currently admitted to a psychiatric facility. Guilty plea Ramkisson-Kara said on 25 April 2023, four men were charged with the murder of Magaqa, and all pleaded not guilty to the charges against them. 'On 22 May 2025, Sibusiso Ncengwa (Accused 4) advised the court of his intention to plead guilty or make admissions in terms of Section 220 of the Criminal Procedure Act 51 of 1997. He also made an application for a separation of trials from his co-accused.' Ramkisson-Kara said the state opposed this application, and the case was remanded to 06 June 2025 for Ncengwa to make the Section 220 admissions. ALSO READ: Two arrested and charged for IFP deputy chief whip's 'assassination' 'On 06 June 2025, in the Pietermaritzburg High Court, Ncengwa admitted to shooting Magaqa on 13 July 2017 in the uMzimkhulu area.' Attempted murder Ramkisson-Kara added that Ncengwa also admitted to the attempted murder of Jabulile Msiya, Nonsikelelo Mafa and Nceba Mazongolo. 'Ncengwa further admitted to malicious damage to property (the vehicles of Magaqa and others) and the joint unlawful possession of a firearm. 'In his admissions, Ncengwa outlined in detail the events leading up to Magaqa's death and the interactions he had with his co-accused, namely Myeza, Ncalane, and Mpofana. His admissions were accepted by the state, and these admissions amounted to a plea of guilty,' Ramkisson-Kara said. Sentencing Ramkisson-Kara said the court found Ncengwa guilty based on his admissions and convicted him accordingly. 'The case against Ncengwa was remanded to 30 June 2025 for sentencing. The case against Myeza and Mpofana will return to court on 19 June 2025 for a new indictment to be served on them as their matter has now been separated from that of accused 4 (Ncengwa).' Magaqa was shot in July 2017 and succumbed to his injuries after spending time in the hospital. The state has thus far presented evidence from eight witnesses. ALSO READ: WATCH: KZN police investigating shooting of MK Party member in apparent hit
The Citizen
23-05-2025
- The Citizen
Court dismisses bid to drop charges in 1987 student activist Nyoka's murder case
The court rejected claims of no evidence in the case of apartheid-era officers accused of murdering Caiphus Nyoka in 1987. The Pretoria High Court sitting in Benoni has rejected claims of no evidence in the case of two former apartheid-era officers accused of murdering student activist Caiphus Nyoka in 1987. The court ruled that there is enough evidence to proceed with the trial of two ex-officers accused of killing the Congress of South African Students (COSAS) member and student activist. This follows a Section 174 application brought under the Criminal Procedure Act 51 of 1977 by former commanding officer Major Leon Louis Van Den Berg (75) and former Sergeant Abraham Hercules Engelbrecht (61). The two, along with former Sergeant Pieter Stander, 60, are facing a murder charge in connection with Nyoka's death. Nyoka gunned down According to the allegations, the three members of the South African Police Service's Reaction Unit got together on the evening of 23 August, 1987 to plot Nyoka's murder. Van Den Berg allegedly led the planning of a raid on his residence. National Prosecuting Authority (NPA) regional spokesperson Lumka Mahanjana said at around 2am on 24 August, 1987, Stander, Engelbrecht, and other Reaction Unit members – who are also charged separately – arrived at Nyoka's home and broke into his room. ALSO READ: NPA reopens inquests into Chief Albert Luthuli and Griffiths Mxenge's deaths 'They found him sleeping with three of his friends. After identifying him, they removed the friends from the room and thereafter proceeded to shoot him nine times,' Mahanjana said. Nyoka died on the scene from multiple gunshot wounds. Trial proceedings During the trial, the state called five witnesses, including Nyoka's sisters Alegria and Mothasi Nyoka and one of his three friends who were present on the night of the incident, Gugulakhe Exodus Nyokane. The court also heard testimony from expert witness Dr Nicky Rousseau, a Truth and Reconciliation Commission (TRC) researcher, and the investigating officer, Lieutenant Petrus Colonel Beukman. After five witnesses testified, the state closed its case. Accused application dismissed 'Thereafter accused number one (Van Den Berg) and two (Engelbrecht) brought a section 174 application claiming that the state had no case,' Mahanjana said. ALSO READ: Ramaphosa launches commission of inquiry into apartheid-era justice delays 'After the court dismissed their application, accused number three (Stander) opted to remain silent and closed his case.' The court has postponed the matter to 8 to19 September for the defence cases of Engelbrecht and Stander. Sentencing The sentencing proceedings for Johan Marais, 65, a former member of the Reaction Unit 6 in Dunnottar who was prosecuted and found guilty of the same offences, have been rescheduled for 5 to 6 June. 'This court outcome is encouraging as the state overcomes the first hurdle that was presented by the defence in order to prevent the trial from proceeding,' Mahanjana concluded. 'The state will continue to put forward a formidable case to ensure that justice is served against such atrocities of the apartheid era.'
The Citizen
17-05-2025
- Politics
- The Citizen
Police deaths: Crisis sparks debate on criminal justice reform
Police deaths remain a pressing challenge in the country, with incidents involving the deaths of SAPS members steadily increasing over the years. According to Bloemfontein Courant, this not only raises concerns about the safety and well-being of those who serve and protect the public but also highlights broader issues within the country's criminal justice system. While speaking at the memorial service of the police officers who were found in the Hennops River in Centurion days after they were reported missing, Police and Prisons Civil Rights Union Free State chairperson Thabo Lefalatsa highlighted the serious issue, calling for a review of the Criminal Procedure Act 51 of 1977. 'There is a serious need for us as a country and parliamentarians to review the Criminal Procedure Act 51 of 1977, in particular Section 49 of that act. We have issued members of the South African Police Service with firearms to effectively deal with criminals. As long as we have Section 49 in its current format, we cannot effectively respond to the heinous crimes confronting our members.' Lefalatsa also called on community members to assist police in effectively combating crime and ensuring safety. Minister of Police Senzo Mchunu addressed the issue last week at the funeral of Constable Boipelo Senoge, one of the three officers who were laid to rest. Mchunu described it as a crisis that endangers both community safety and the integrity of South Africa's justice system, condemning the brutal acts that have led to the deaths of police officers across the country. 'As we reflect on this tragic loss, we must also acknowledge the ever-present challenges we face. To fight crime effectively, we need every one of our members. Families and communities are the ones who suffer most from the agony caused by criminals, whether these criminals are South African or foreign nationals,' he said. Breaking news at your fingertips… Follow Caxton Network News on Facebook and join our WhatsApp channel. Nuus wat saakmaak. Volg Caxton Netwerk-nuus op Facebook en sluit aan by ons WhatsApp-kanaal. Read original story on At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
The Citizen
14-05-2025
- The Citizen
Rape, murder of 4-year-old: Accused claims child's death was a ‘tragic accident'
The rape and murder trial of Amber Lee Hughes, accused of killing four-year-old Nada-Jane Challita from Mulbarton, continued in the Johannesburg High Court today. Southern Courier reports that, according to NPA spokesperson Phindi Mjonondwane, the accused took the stand to provide her plea explanation in terms of Section 115 of the Criminal Procedure Act 51 of 1977, where she laid out her version of events that led to the toddler's death on January 23, 2023. Poor audio quality warning: @ According to National Prosecuting Authority spokesperson Phindi Mjonondwane, the accused took the stand to provide her plea explanation in terms of Section 115 of the Criminal Procedure Act 51 of 1977, where she laid out her version of events that led to the toddler's death on January 23, 2023. Read full story on ♬ original sound – Southern Courier In her testimony, Hughes denied the charges of murder and rape. She described the child's death as an accidental tragedy, claiming that she had momentarily left Nada-Jane alone in the bath while she argued with her partner (the child's father), Elie, over WhatsApp. Hughes stated that she was living with Elie and his daughter at the time and had developed a close bond with the child. She alleged that on the day of the incident, Chalita was away in Limpopo and that the child had been playing in the bath, a routine activity, when the tragedy occurred. 'I tripped over the dog and cut my hand on a glass jar,' Hughes said. 'I ran around trying to stop the bleeding and didn't check on her immediately because I didn't want to scare her.' She claimed that when she finally returned to the bathroom, she found the toddler face down and unresponsive in the water. Emergency services were called, and friends of Elie, who had access to the home, attempted CPR before rushing the child to Mulbarton Hospital, where she was later declared dead. Hughes said she went into psychiatric care after the incident and was arrested later that night. She denied harming the child, stating there was no forensic evidence linking her to any sexual abuse. She also questioned the quality of the police investigation, alleging that key evidence, like her phone, a knife, and the jar, was never properly analysed. 'There was no effort to hear my side of the story,' Hughes told the court. Poor audio quality warning: @ The rape and murder trial of Amber Lee Hughes, accused of killing four-year-old Nada-Jane Challita from Mulbarton, continued in the Johannesburg High Court on May 14. The case has now been postponed to May 22 and 23 for cross-examination. According to National Prosecuting Authority spokesperson Phindi Mjonondwane, the accused took the stand to provide her plea explanation in terms of Section 115 of the Criminal Procedure Act 51 of 1977, where she laid out her version of events that led to the toddler's death on January 23, 2023. Read full story on ♬ original sound – Southern Courier Outside the courtroom, Elie, expressed frustration and anger. 'Everyone saw the lies. She keeps changing her story. First, she said she made Lloyd a coffee, but Lloyd wasn't even there that day. How can Lloyd have access to my house if she doesn't have a key herself?' he said. The trial is expected to continue next Thursday and Friday, with cross-examination of the accused. Breaking news at your fingertips… Follow Caxton Network News on Facebook and join our WhatsApp channel. Nuus wat saakmaak. Volg Caxton Netwerk-nuus op Facebook en sluit aan by ons WhatsApp-kanaal. Read original story on At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
The Citizen
14-05-2025
- The Citizen
Former Dundee police captain sentenced for conspiracy to murder SAPS head
Former Dundee police captain Roshanlal Banawo has been sentenced to 10 years' imprisonment after being found guilty of conspiring to murder SAPS Umzinyathi head Major-General Francis Slambert. Dundee Courier reports that Newcastle Magistrate Ian Colditz also found Banawo unfit to possess a firearm. The two Section 204 witnesses, William Dlamini and Sthembiso Mdlalose, who were part of the conspiracy but testified against Banawo for the state, were discharged from prosecution. A Section 204 witness in South Africa is a person who, under Section 204 of the Criminal Procedure Act 51 of 1977, is called to testify against others in exchange for indemnity from prosecution for their own involvement in the same crime. This means they are essentially granted immunity from prosecution for their role in the crime if they testify truthfully and fully. Banawo was arrested in November 2023 when the plot against Slambert became evident. Slambert survived at least two assassination attempts between May and August 2023. Banawo, who was dismissed by the SAPS around 2019, has been in custody since his arrest. He is still appealing his dismissal. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
