Durban - Charges against 11 men, including President Jacob Zuma’s nephew and taxi boss Mfundo Gcaba, accused of a taxi-violence-related shooting, were withdrawn in the Durban High Court on Monday.
The matter had been set down for trial this week and was expected to begin yesterday, but senior State advocate Sasha Jacobs told the court the prosecution had decided to withdraw the charges.
The 11 accused were arrested at Brook Street Taxi Rank on September 16, 2015, after the shooting that left three people dead, including a commuter.
Inconsistency in the ballistic report conducted on the firearms allegedly used in the shooting and the failure to trace key witnesses were the reasons for the State to withdraw the charges of murder, attempted murder and public violence against the men - William Kunene, Hezekiah Masiteng, Xolani Mhlongo, Vusi Ngubane, Sibongiseni Khanyile, Lucas Mhlenti, Brett Rayner, Thulani Dyanti, Mandla Nkosi, Mhlabunzima Gasa and Mfundo Gcaba.
During their bail application in the Durban Magistrate’s Court, it was alleged that Gcaba was the “main driving force” behind the illegal invasion of taxi routes that allegedly led to the shooting.
State advocate Khumbu Shazi had to be escorted to court by members of the Tactical Response Team.
According to investigating officer Major Mandla Dlamini’s affidavit, read during the bail application, there were allegations of a bitter and long-standing feud between the Zamokuhle Long Distance and Sonke Long Distance taxi associations and. He alleged this was the motive behind the shooting.
The accused had, through their defence lawyer, advocate Jimmy Howse, denied being members of either of the associations and claimed they had acted in self-defence.
Outside court yesterday, family and friends who attended to support the men joined in the celebrations. They hugged each other and laughed as they left the court building.
The family members of the deceased were not in court.
Natasha Ramkisson-Kara, National Prosecuting Authority regional spokesperson, confirmed the State withdrew the case after it failed to trace witnesses to the shooting and also because of the inconsistent ballistic evidence.