INLSA

File photo: Former Albert Park ward councillor Vusi Khoza, outside the Durban Magistrates Court on 12 November 2009. Picture: Terry Haywood

The trial of former Albert Park ward councillor Vusi Khoza and his co-accused – who are on trial for being part of a mob that carried out a xenophobic attack – was delayed again in the Durban Regional Court on Thursday after a State witness told the court that he was ill.

Khoza, Sean Jacobs, Mzokuthoba Mngonyama and Patricia Ballantyne are charged with public violence and conspiracy to commit assault.

Jacobs also faces charges of attempted murder and malicious damage to property relating to the attack. They have pleaded not guilty.

The charges related to an incident at Africa Venture house, a building in Yusuf Dadoo (Grey) Street, in January 2009 in which Victor Zowa, of Zimbabwe, and Said Omari, of Tanzania, died and Zimbabwean Eugene Madondo was severely injured.

Coerced

The trial has now taken a strange turn after a Section 204 (accomplice) State witness, Dumisani Buthelezi, refused to answer questions put to him by the prosecutor.

He told the court he had been coerced to sign a written statement implicating the four accused and had been promised money if he did so.

He then requested that he be allowed to have a lawyer present. The trial then had to go into a trial-within-a-trial to determine whether Buthelezi’s statement could be admitted into evidence.

On Thursday, Buthelezi’s attorney, Simo Mthethwa, said that his client was suffering with ulcers and would not be able to testify.

Earlier, investigating officer Warrant Officer Victor Gumede testified that Buthelezi had not been forced to make a statement. He said Buthelezi had come to his office saying he had information about the incident.

Gumede then took Buthelezi to the provincial detectives’ office and had Captain Themba Kunene take down the statement.

Gumede also denied that any money had been promised to Buthelezi.

The case was adjourned to May. - The Mercury