Shack dwellers found guilty for killing three people in January 2022. File image
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There was a sombre mood at the Durban High Court this week where four shack dwellers who are believed to be members of Abahlali baseMjondolo were found guilty and taken to custody for burning three people alive in 2022, at Cato Manor.
Mmiseli (Jomo) Khondlo (41), Vusumuzi Mazula (46), Thandekile Penelope Sithuntsa (37), and Siphenathi Zoko (28) were found guilty of killing Phumlani Tshekele, Numkile Mfenqe and Refilwe Mokoena between January, 25 and 26 in 2022 at eNkanini informal settlement, corner of Blinkbonnie and Wiggins road in Cator Manor.
The victims and their perpetrators lived in separate shacks at Enkanini informal settlement in Cato Manor. The State said animosity developed between the accused and victims and other community members tried to force the deceased out of eNkanini. The deceased refused to leave.
In the afternoon of January 25, 2022 a meeting was held by residents of Enkanini at which the accused and several community members expressed their anger at the victims. Several people were armed with sticks, bush knives and makeshift weapons.
It is alleged that all three victims were forcibly removed from their shacks and assaulted by the quartet and other persons unknown to the State. The victims' hands were bound and they were forced into a VW Golf belonging to Tshekele.
The car was pushed to the corner of Blinkbonnie and Wiggins roads and set alight by the accused and their companions, with the three still alive inside. Each of their dwellings was also then set alight.
Before handing down his judgment, Judge Mahendra Chetty said the court was satisfied with the evidence of an eye witness who placed the quartet on the crime scene. We are unable to name the witness for security reasons.
Judge Chetty said there was no bad blood between the quartet and the witness. There was no mistaken identity as the witness knew them, because they all lived in the same community.
He said the four had in their defence was that they were not where the incident took place.
“They did not testify in their defence, that does not mean it’s their right. But that makes the evidence against you stronger,” said Judge Chetty.
Chetty said there was not enough evidence to prosecute Mfanafuthi Muzi Masikhana who was accused five.
“There is no evidence that is placing him in the same category as accused one to four,” said Judge Chetty.
When Masikhana was told that he is free to go he could not believe it and left the courtroom crying, which was packed with eNkanini community members and armed police.
Scelo Thusi who was accused six was previously acquitted of all the charges.