Mogwase - It is undisputed that murder was committed in Marikana on December 8, 2016, the North West High Court sitting in Mogwase, heard on Thursday.
"It is undisputed an offence of murder was committed, a person was killed," prosecutor Advocate Cain Nontenjwa said presenting his argument in the trial against eight Marikana men accused of killing Sabata Petros Chale.
The State alleges that Aubrey Seitsang, Sibonile Sobopha, Herbert Baqhesi, William Nyenyane, Samson Gqwetani, Gift Luveli, Luvo Soyizwaphi and Mzolisi Mbulana killed 39-year-old Chale at Marikana West on December 8, 2016.
Chale was killed allegedly by the group over the allocation of low cost (RDP) houses in Marikana. He was hacked with spears and pangas. He sustained several stab wounds. The court heard that his attackers allegedly drank his blood after he was killed.
Nontenjwa said the testimony of star witness Mpumelelo Xakumbisa, who was an accomplice in the case, should be treated with care but, pointed out that his testimony was collaborated by another eyewitness Josephine Tayitayi.
"Mr Xakumbisa, a section 204 witness, detailed what transpired, the meeting at Mdu's house prior to the meeting at the police station. He also mentioned that accused one pointed out where Sabata lives. The court should be satisfied with his testimony, accused one and two also made admissions collaborating Xakumbisa's evidence."
He said Xakumbisa said they went to the police station in a group while the accused version was that they went to the police station individually and did not see each other although they all chose to be at the back of the crowd.
"It is highly unlikely that the same people from the same place went to the meeting walking individually..."
Eric Marx, for the accused, drew the court's attention to Chale's wounds.
"Mr Xakumbisa stated that Luvo [Soyizwaphi] told him at a meeting after the murder, how he stabbed Mr Sabata on the neck, there is no wound in the neck according to the medical report presented in court. His evidence could not be correct," Marx argued.
He said in according to Xakumbisa the group that he was in was not involved in the killing of Chale.
"Accused one, four, six, nine, 12 and 14 were in his group, as such were not involved in the murder."
Marx also pointed that Xakumbisa mentioned Aphindile Pungone, Napoleon Webster, Nkululeko Msithwa and Nkosindiphile Nziyose who all had an alibi
"No identity parade was conducted for him to point out the accused. Again in his statement to the police he said William and Stix carried Sam after he had injured his leg while chasing Sabata but, in his evidence in chief he mention Mr Webster [Napoleon] as the man who carried Sam."
The State and the defence presented brief arguments in court, they were expected to file their written supplements by July 10.
The case was postponed to July 23 for judgment, their bail had been extended.
Mdlondozi Fundiwo, Napoleon Webster, Aphindile Pungone, Nkululeko Msithwa, Nkosindiphile Nziyose and Sivuyile Qasha were discharged from the case on May 22 after the State conceded it has no case against them.