Micel Schnehage
Allegations of police complicity and the use of stolen police firearms and a police vehicle in the assassination of United Democratic Movement leader Sifiso Nkabinde emerged in the Pietermaritzburg Regional Court on Tuesday.
The allegations were contained in a lengthy indictment served on the 12 accused on Tuesday morning at the start of their three-day bail application.
Nine of the accused face a murder charge, two of attempted murder, conspiracy to commit murder, contravening the Arms and Ammunition Act and theft of a motor vehicle.
They are African National Congress Richmond councillor Joel Mbhekiseni Mkhize, 39; Sibusiso Bruce Mhlongo, 26; Lincoln Dallas Mbikwane, 25; Sandile Gift Dlamini, 23; Sandile Clifford Nzimande, 26; Joseph Siya Ngcongo, 26; Zeblon Zibuse Ngcobo, 41; Siphiwe Rudolph Ngcobo, 24; and Anil Jelal, 27.
Three more accused - Simphiwe Walter Dlamini, 28; Pheteni Thembisile Mkhize, 36; and Bongani Maxwell Ndlovu, 22 - face charges of accessory after the fact to murder, alternatively attempting to defeat or obstruct the course of justice.
Simphiwe Dlamini, who was Nkabinde's bodyguard, was with Nkabinde at the time of his murder.
All the charges arise from the January 23 assassination of Nkabinde, the wounding of Dlamini and Dlamini's mother Lindeni, outside the Bridgeway supermarket in Richmond village in the KwaZulu-Natal midlands.
Nkabinde was killed shortly after being elected UDM provincial leader.
According to the indictment Mhlongo, or people acting under his instruction, broke into the Pietermaritzburg offices of the police's murder and robbery unit in August 1998 and stole two R5 rifles, 210 rounds of ammunition, seven R5 magazines, a stun grenade and other items.
One of the rifles was allegedly used in the assassination.
Besides the first nine accused facing conspiracy charges, the indictment also mentioned ANC Richmond mayor Andrew Ragavaloo's personal bodyguard, Siphiwe James Shabane, as having been involved.
On the morning of the killing Shabane and Siphiwe Ngcobo allegedly took up position in the centre of Richmond while Joel Mkhize went to Ndaleni to monitor Nkabinde's movements.
Mkhize allegedly alerted Shabane that Nkabinde was on his way to Richmond.
Shabane allegedly then alerted Mhlongo whereafter Mhlongo, Mbikwane, Sandile Dlamini and Nzimande drove to town in a stolen vehicle.
Mbikwane was a former member of the SA National Defence Force and Sandile Dlamini was a serving member of the army.
Mhlongo, Mbikwane, Sandile Dlamini and Nzimande allegedly drove past Nkabinde's car parked outside the Bridgeway supermarket, made a U-turn and parked some distance away.
When Nkabinde, Simphiwe Dlamini and his mother returned to their car, the four accused apparently pulled up alongside the vehicle and stopped.
Mbikwane and Sandile Dlamini, wearing balaclavas and surgical gloves, allegedly climbed out of the car and opened fire on Nkabinde's vehicle.
Shabane and Siphiwe Ngcobo fled the scene in their vehicle and drove to the Richmond cemetery. They were followed by the other four in the stolen vehicle which they abandoned, the state alleges.
The weapons were afterwards allegedly given to Anil Jelal, a serving member of the police VIP protection unit who had been assigned to protect Ragavaloo, the indictment alleges.
Shabane and Jelal then apparently went to Ragavaloo's house.
According to the indictment a member of the SA Police Service, Andre Paul Naiken, attached to the violence investigation unit from Pietermaritzburg, then arrived at the mayor's house with his police vehicle.
Naiken allegedly afterwards drove Mhlongo, Mbikwane, Sandile Dlamini and Nzimande to Pietermaritzburg where he dropped them off.
The indictment said at all relevant times the first nine accused acted in pursuance of a common purpose to commit the offences with which they are charged.
Simphiwe Dlamini, who was shot several times in the attack, and Pheteni Mkhize were apprehended for allegedly making false statements to the police concerning the attack.
According to the indictment, several attempts to ambush Nkabinde had failed prior to the January 23 assassination.
After the attack Nkabinde, Simphiwe Dlamini and his mother were rushed to the Medi-Clinic in Pietermaritzburg where Nkabinde was declared dead after attempts to resuscitate him failed.
The document said he had died from blood loss resulting from multiple gunshot wounds.
Tuesday's bail application was postponed until Wednesday morning to allow the defence time to study the indictment and to consult with their clients.
Sifiso Bhengu of the UDM said afterwards the party did not believe the men who had allegedly given the orders to shoot Nkabinde had been arrested.
The accused were merely foot soldiers acting on instructions, Bhengu said outside the court.
He said Nkabinde's bodyguard, Simphiwe Dlamini, had been suspended from the UDM pending the outcome of the trial.
Bhengu declined to speculate on why Dlamini would have made alleged false statements to the police.
Nkabinde's widow, Nonhlanhla, was among several UDM supporters who attended the hearing.
Security was stepped up in and around the court and provision was also made for a handful of people supporting the accused to attend court.
The hearing continues. - Sapa