Durban - Advocate Shamila Batohi, the National Director of Public Prosecutions (NDPP), said on Wednesday that she was concerned that two accused who had been placed on the court roll in the Sindiso Magaqa murder case had the charges withdrawn on the same day.
"Advocate Shamila Batohi has expressed extreme concern that two persons, one being the mayor of the Harry Gwala district, Mr. Mluleki Ndobe, were placed on the court roll in KZN, and the charges withdrawn later on the same day, due to lack of evidence," said NPA head of communications, Bulelwa Makeke, via an emailed statement.
Charges of murder and attempted murder were provisionally withdrawn against 44-year-old Ndobe and 48-year-old Zweliphansi Skhosana at the uMzimkhulu Magistrate’s Court on Monday. Both men had initially been charged with murder and attempted murder, along with two other accused. They were all charged with common purpose – meaning they allegedly conspired to kill PR councillor Magaqa and his colleagues, Nontsikelelo Mafa and Jabu Msiya, in July 2017, in a premeditated act.
According to the NPA statement, prosecutors had an important role to play in the administration of justice and in the defence of the ideals in the constitution. "[Prosecutors] must act in accordance with guidelines regarding the enrolment of cases."
"The matter is receiving urgent attention and the NDPP has asked for reports from the DPP: KZN, to understand what led to the enrolment under such circumstances. Any further steps to be taken will be determined after the consideration of the report/s and any other relevant information available."