Forum 4 Service Delivery councillor Napoleon Webster. FILE PHOTO: ANA

MOGWASE - Forum 4 Service Delivery (F4SD) councillor Napoleon Webster was not at the crime scene when Sabata Petros Chale was killed in Marikana, the North West High Court heard on Tuesday.

"Mr Webster will testify that he was not at Marikana West at the time Sabata was attacked," advocate Stuart Wilson for Webster said.

The State alleges Webster, Aubrey Seitsang, Sibonile Sobopha, Mdlondozi Fundiwo, Herbert Baqhesi, William Nyenyane, Aphindile Pungone, Samson Gqwetani, Gift Luveli, Nkululeko Msithwa, Nkosindiphile Nziyose, Luvo Soyizwaphi, Sivuyile Qasha and Mzolisi Mbulana hacked 39-year-old Chale to death in Marikana West, on December 8, 2016.

Wilson said Webster was at the Marikana Community Hall, where he had a meeting with children who wanted to study at universities. The meeting lasted from 2pm to 4pm, after the meeting Webster went to Shoprite in Marikana to talk to the shop management to date some food for the students who had attended the meeting.

He told former Khabangena leader -- turned State witness -- that Webster was not at the Marikana police.

"You did not see Mr Webster at the police station, you did not see Mr Webster carrying Sam after Sabata was attacked," he said cross examining the witness.

Wilson pointed out that there was a huge contradiction in the witness statement to the police and his evidence-in-chief.

"In a statement you made to the police on March 7, 2017 Sticks and William carried Sam on their shoulders, and not Webster. You did not mention him in your statement. There is a contradiction between your statement and evidence."

The former leader who is under witness protection, told the court on Monday, that he saw Webster at the Marikana police station and he saw him again after Chale was killed.

Webster and William carried Sam on their shoulders after he twisted his ankle while chasing Chale, the court heard.

Wilson further stated in the entire statement to the police the former leader did not mention Webster once. Wison put it to him that the witness played a leading role in the murder of Chale.

"You played a leading role in attacking Sabata [Chale] take instruction to kill from Sibeko. You wanted to kill Sabata. You were part of a group that attacked and killed Sabata," he said.

Sibeko is allegedly one of the men that chased and killed Chale, but has not been arrested.

"I was not part of those who killed Sabata, the instruction was to pursue a person wearing a black short and a white T-shirt," the witness replied.

The witness was part of leaders at Khabangena in Marikana West, he was a suspect in the murder of Chale and turned State witness.

The trial was rolled over to Wednesday.

Seitsang, Sobopha, Fundiwo, Baqhesi and Nyenyane were remanded in custody, they have been denied bail. The bail of nine others was extended.

African News Agency/ANA