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Men arrested for Kwazakhele birthday shooting pick same attorney

NPA spokesperson Luxolo Tyali

Naziziphiwo Buso


The five men who are accused of killing eight people at a birthday party in Kwazakhele earlier this year will be represented by Gqeberha attorney, Danie Gouws.

This is after their families enlisted Gouws' services on Tuesday.

He told the court that he had received verbal instructions to represent all of them and that formal instructions would be discussed at a later stage.

Last week, two of the five accused opted to abandon their bids for bail

The five have been charged with killing brothers Vusumzi and Andile Sishuba, Kholekile France, Mbuyiseli Mboya, Nomatamsanqa Mandla, Liyema Poro, Nandipha Koliti, and Thando Fibi who died a few days later in hospital.

Gouws was previously representing Mzwandile Mahambehlala only, who was the first to be arrested after police followed up on a tip-off that the suspects linked to the shooting were hiding out in Walmer Flats.

Mahambehlala made an about-turn on his decision to apply for bail last Monday, while Luyanda April chose not to apply for bail at all.

The other accused, Siyabulela Funde, Luzuko Tsotsi, and Sinaye Tyesi will now be represented by Gouws at their bail application next week.

During the court appearance, Magistrate Deirdre Dickson gave an order for the matter to be heard "in camera."

This comes after the state said they wanted the accused to undergo an identity parade before the matter could proceed any further.

NPA spokesperson Luxolo Tyali spoke to the media outside the court, while a group of people outside protested their arrest, insisting that the police had arrested the wrong men.

 

 

Asked if he was confident that they had the correct men Tyali said: “When the docket is brought to the prosecution we read the docket and if we read that there enough evidence pointing to the people, we enroll the matter.

“The fact that we have enrolled the matter in this case, it means that we are satisfied with the evidence that is in the docket [and] that they have a case to answer,” he added.

Tyali said the state will be opposing bail for all the accused, especially when looking at the severity of the matter and the schedule of the offence.

The five men will remain in custody while the matter has been remanded to April 19 for the formal bail application of the Funde, Tsotsi, and Tyesi.