KEY POINTS
- State secures court approval to shield two eyewitnesses.
- Prosecutors argue witnesses fear retaliation if exposed.
- Defense objects but fails to overturn the ruling.
The State in the trial of five men accused of killing two ANC members in Cato Crest has applied for special protection for key witnesses due to safety concerns.
The accused, including former ward councillor Mkhipheni Mzimuni Ngiba, are charged with the murder of Siyabonga Mkhize and Mzukisi Nyanga on October 15, 2021.
Prosecutors argue that the witnesses’ lives are at risk and have requested that they testify in a closed court with their identities concealed.
During the hearing at the Durban High Court, investigating officer Sergeant Kubheka testified that the witnesses had expressed fears for their safety.
According to IOL, he revealed that during previous bail applications, there were concerns over possible interference with witness testimonies.
Eyewitnesses fear for their lives
Kubheka stated that two witnesses identified the shooters, but their names were redacted from case files to protect them.
“They reported that their neighborhood is unsafe, and they fear being harmed at any time,” Kubheka told the court. Despite the risks, the witnesses agreed to testify. They insisted that officials conceal their faces from public view.
Prosecutors cited Section 153 of the Criminal Procedure Act, which allows witnesses to testify in a closed courtroom when their safety is at risk.
Judge W. Harrison approved the request, stating that the application applied to only two witnesses at this stage.
He also ruled that officials will bar the public and media from attending their testimonies.
Defense challenges the ruling
Defense attorney Andrew Matlamela, representing Ngiba and co-accused Nkosinathi Ngcobo, opposed the motion, demanding access to the witnesses’ identity documents.
However, Judge Harrison denied the request, saying it would defeat the purpose of the protection order.
He allowed the defense to verify the witnesses’ ages using their date of birth instead.
The case continues, with witness testimonies scheduled to begin Thursday.
Authorities have reaffirmed their commitment to ensuring the safety of all individuals involved in the trial.
