Six of 14 Marikana accused could be discharged over lack of evidence
North West / 21 May 2018, 1:07pm / Molaole Montsho
Mogwase - There is no evidence linking Forum 4 Service Delivery (F4SD) councillor Napoleon Webster and five other men arrested in connection with the murder of a man in Marikana near Rustenburg, the North West High Court heard on Monday.
Sabata Petros Chale was hacked to death on December 8, 2016, in Marikana West, allegedly by Aubrey Seitsang, Sibonile Sobopha, Mdlondozi Fundiwo, Herbert Baqhesi, Webster, William Nyenyane, Aphindile Pungone, Samson Gqwetani, Gift Luveli, Nkululeko Msithwa, Nkosindiphile Nziyose, Luvo Soyizwaphi, Sivuyile Qasha and Mzolisi Mbulana.
The State conceded that there was no enough evidence against Fundiwo, Webster, Pungone, Luveli, Msithwa and Soyizwaphi.
This was after defence lawyers brought an application before the court to discharge the men from the case, stating that state witnesses were not credible.
Eric Marx, representing 13 of the men, said state witness Josephine Tayitayi was not a credible witness.
"How can she point out the accused without an identity parade? Where does that come from? Accused seven [Aphindile Pungone] was in Sandton, [Johannesburg] at the time of the murder," Marx told the court.
In her testimony, Tayitayi said she saw Seitsang hacking Chale with a panga (large blade) on the head. He was allegedly followed by a group of about 200 men armed with pangas, spears and knobkerries.
The men hacked him to death and allegedly drank his blood, while they also put some in a bottle and left with it.
She told the court Webster was present when Chale was killed.
Advocate Stuart Wilson for Webster also questioned the credibility of witnesses.
"There is accordingly no evidence against Mr Webster that could fairly lead to his conviction. There is also no prospect that any of his co-accused will implicate him..." he told the court.
Judge Ronnie Hendricks postponed the matter to Tuesday, where he will rule on the defence application to dismiss charges against the men.