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Thursday, December 7, 2023

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Accused fails to prove whereabouts the day of taxi boss killing

Accused says he was at iSipingo pound on the day taxi boss Dustin Pillay was killed but fails to give evidence of his whereabouts. Picture: Anelisa Kubheka

Accused says he was at iSipingo pound on the day taxi boss Dustin Pillay was killed but fails to give evidence of his whereabouts. Picture: Anelisa Kubheka

Published Sep 7, 2023


Durban — The man who is alleged to have pulled the trigger when Dolphin Coast Taxi Association taxi boss Dustin Pillay was killed, told the Durban High Court on Thursday that he was at the Isipingo pound on the day and time Pillay was murdered.

However, he failed to produce evidence of this.

Thokozani Mthethwa who is the second accused in the matter told the court that he was with Mfanufikile Dlamini, the deceased accused, on September 23, 2019, at the Isipingo pound and they proceeded to Hammarsdale because Dlamini’s brother was shot and killed. He said he worked in construction.

“On September 23, in the morning I received a phone call from Dlamini at about 7am-8am asking if I was in the house. I agreed and told him I did not go to work because the material did not arrive. He asked me to accompany him to Isipingo pound because he wanted to go check on his car,” said Mthethwa.

He said he and Dlamini went to the pound and when they got there Dlamini was the one who went inside the offices while he remained in the car.

State senior prosecutor advocate Elvis Gcweka asked him if anyone came to him in the car while Dlamini was inside and he said no. Then he asked if he knew the person who was assisting Dlamini.

“Besides Dlamini is there anyone who can say you were at Isipingo on that day,” asked Gcweka.

Mthethwa replied by saying: “I don't know, maybe someone who knows me saw me but I did not see anyone. I can call the person who said he saw Dlamini because they would know that I was accompanying him.”

However, Gcweka cornered him about this and said Mthethwa never indicated during his bail application that he was with Dlamini that day. However, Dlamini indicated this even in the statement he made when he was being charged.

Mthethwa replied and said he did not indicate this to the police because he had good reasons. He further said he told his attorney at the time but he does not understand why it is not written on his statement that he signed.

Furthermore, Gcweka told Mthethwa that it was clear that he did not have anyone to corroborate his evidence with since Dlamini died. He reminded him that all the state eyewitnesses placed him in Shakaskraal and as the person who pulled the trigger.

Moreover, he said both the witnesses, Mthethwa and his co-accused were together on this day.

“The witnesses say that you and your co-accused were at Shakaskraal. You and your co-accused say you were together but somewhere else. I will argue about these coincidences,” said Gcweka.

Mthethwa and his co-accused Cebo Xulu are facing 18 charges which include murder of Pillay. They are remanded in custody.

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