VUYO MKIZE
SIZWE Gwala is a free man. Johannesburg High Court Judge Halima Saldulker yesterday acquitted him on all charges relating to the murder of three people in Emndeni in February 2010.
He was on trial for three counts of murder, two of attempted murder, unlawful possession of ammunition and a firearm, as well as robbery with aggravating circumstances.
The State had alleged that on the day in question, Mthokozisi Sithole, 7, was knocked over by a car with two men in it, and there was an argument.
The residents had attacked the passenger, claiming he was callous when he shouted “You women don’t look after your children. What was the child doing on the road?”
After the attack, the passenger yelled: “I’m going to fetch my gun.”
Fifteen minutes later he returned, armed with two firearms, and shot Jabulile Vilakazi, Bhekazane Tshabalala, Fifi Jeffrey Mkhwanazi, Albert Khumalo and Mbuyiseni Khanyile, who were enjoying drinks. He then hid his two firearms in his pants and ran down the road, it is alleged.
Gwala, of Zola, was arrested about five months later in Freedom Park, next to Eldorado Park. The shooting made headlines at the time.
After careful scrutiny of each of the witnesses’ testimonies and the circumstantial evidence before court, Judge Saldulker found yesterday that the State had failed in proving beyond a reasonable doubt that Gwala had been the perpetrator of the crimes.
Gwala had pleaded his innocence from the beginning of the trial, saying he had been subjected to a brutal assault by a mob of residents in Biyela Street, Emndeni, after he had tried to help the seven-year-old who his brother had hit with his car.
Judge Saldulker found that not only were there discrepancies in the testimonies of the witnesses on the identity of the alleged gunman, but Gwala’s evidence could not be discredited.
“(Jeffrey) Mkhwanazi (a witness) was also shot during the incident and told the court he had seen the face of the gunman before he ran away.
“However, when Mkhwanazi went to the pointing-out, he pointed out someone else – not the accused,” the judge said.
“Bhekazane said the gunman had scars on his face, but the accused has none of these scars… The identification of the gunman has to be clear. There are material discrepancies of the identity of the gunman by the witnesses. Others say he had one gun, others say he had two guns,” Judge Saldulker said.
Gwala had testified he had run to his girlfriend’s house a few streets away after he was attacked by a mob. He said he had stayed at her place for four days and denied going back to shoot the group of residents.
Sandile Dlamini, whose aunt Jabulile Vilakazi had been among the three people allegedly shot by Gwala, had told the court last year that Gwala had offered him a bribe in prison to stay silent.
But that was also rejected as unhelpful by the judge, who said Gwala’s explanation that he had offered the money as a contribution to a cleansing ritual and not as a bribe for the family was more credible.
“The State has failed to prove the guilt of the accused and he is found not guilty on all counts,” Judge Saldulker said.
After the verdict, shocked residents of Emndeni and family members of the people who had been killed murmured “He’s going to finish us off!” and put their hands over their mouths in disbelief.
Later, they declined comment, saying they feared for their lives now that Gwala was to be released.