Pete Mihalik murder trial resumes in the Western Cape High Court after delay

Sizwe Biyela, Vuyile Maliti and Nkosinathi Khumalo are charged with murder, attempted murder, possession of an unlicensed firearm, and unlawful possession of ammunition, for their alleged involvement in Mihalik’s murder. Picture: Rafieka Williams

Sizwe Biyela, Vuyile Maliti and Nkosinathi Khumalo are charged with murder, attempted murder, possession of an unlicensed firearm, and unlawful possession of ammunition, for their alleged involvement in Mihalik’s murder. Picture: Rafieka Williams

Published Aug 8, 2022

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Cape Town - Three men accused of murdering top criminal lawyer Pete Mihalik will today appear in the Western Cape High Court following a delay caused by the appointment of a new lawyer for Nkosinathi Khumalo.

Sizwe Biyela, Vuyile Maliti and Khumalo are charged with the murder of Mihalik, who was shot and killed while dropping off his two children at Reddam House School on October 30, 2018. Mihalik died of a gunshot wound to the head while his son was injured during the attack.

The three men are charged with murder, attempted murder, possession of an unlicensed firearm and unlawful possession of ammunition.

It is alleged that Biyela pulled the trigger while the other men allegedly accompanied him during the hit, and that they travelled in two different cars.

The State alleges that Biyela fired two shots directly at Mihalik’s head with a 9mm pistol. According to the State, Biyela and an unknown man were then picked up as they fled the scene – the murder weapon was not recovered.

A traffic officer who stopped two vehicles minutes after Mihalik was shot has already given evidence, saying Khumalo was detained after the Renault Clio he had allegedly been driving disappeared while the officer was trying to obtain the registration details.

The trial had came to a halt after Khumalo’s lawyer, Justin van Rensburg, was fired due to confusion regarding a warning statement Khumalo apparently gave police after his arrest.

Further evidence regarding the contents of the statement is expected to be led by State prosecutor, advocate Greg Wolmarans.

Van Rensburg had disputed the warning statement on the basis that it was obtained under duress.

According to Khumalo, he was tortured by police to make a statement under the watchful eye of the late detective Charl Kinnear. Khumalo alleged a plastic bag was pulled over his head at Sea Point police station, and that he was later transported to a house where his head was repeatedly placed in a tub of water.

He told Van Rensburg that he was then transported to another police station and given a document to sign after allegedly enduring further assaults.

However, the court could not hear further details of this alleged assault after Wolmarans objected to Van Rensburg’s defence as certain aspects of Van Rensburg’s account had been lost in translation and caused some confusion.

A new lawyer is expected to come on record today.

Video footage allegedly identifying Biyela as the gunman is also expected to be shown in court. The State is alleging that Biyela and Khumalo worked under the instruction of Maliti, who was apparently paid 11 Krugerrands as partial payment for the alleged hit. It is alleged that Biyela and Khumalo, originally from KwaZulu-Natal, were flown to Cape Town specifically to execute the hit.

During his bail application it was revealed that Maliti had allegedly exchanged the Krugerrands in Claremont for R200 000. Maliti has disputed this evidence in court, saying he had allegedly been instructed by Biyela to exchange the coins.

Maliti was allegedly linked to the murder by Kinnear, through cellphone data. Kinnear told the magistrate’s court that Maliti’s call records indicated that 84 calls were made between the accused the day before and the day of the murder.

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