A KwaZulu-Natal man walked free after the Supreme Court of Appeal overturned his attempted murder conviction. Siyabonga Ngcobo had been sentenced to five years in prison for a 2019 shooting in Montclair. The court ruled that inconsistencies in witness testimony raised serious doubts about his guilt.
The Shooting Incident
The case stemmed from an incident near a Shoprite store in Montclair. On the day of the shooting, the victim, identified only as Mr. Zulu, drove his Toyota Hilux when he noticed a white Golf 7R following him. As he parked near Shoprite, the Golf stopped in front of his vehicle.
Zulu testified that a person in the back seat, whom he recognized as Ngcobo, rolled down the window. Expecting a friendly greeting, Zulu lowered his own window. Suddenly, firearms appeared, and shots rang out. He ducked in his seat as bullets flew for nearly a minute.
After the attack, an eyewitness assisted Zulu, and he was rushed to the hospital. The prosecution relied on his testimony to convict Ngcobo, despite no forensic evidence linking him to the crime.
A Friendship Turned Sour
Ngcobo and Zulu were childhood friends from Umlazi township. They attended the same schools and were inseparable until 2011. Their friendship ended when both were arrested for a local councilor’s murder. Each implicated the other, leading to a deep rift.
During the trial, Ngcobo denied involvement in the shooting. He provided an alibi, stating he was in Umbumbulu overseeing a construction project on the day of the attack. He last saw Zulu in 2018 but had no contact since.
Court’s Decision and Ruling
Ngcobo’s legal team challenged the reliability of Zulu’s identification. They argued that Zulu contradicted himself regarding the vehicle’s positioning and details of the shooting. Acting Judge Nkosinathi Emmanuel Chili ruled that Zulu’s testimony was unreliable.
“Zulu initially stated the Golf stopped directly in front of his car,” said the judge. “Later, he changed his version, saying the vehicles were parallel.”
The supreme court of appeal emphasized that Section 208 of the Criminal Procedure Act allows conviction based on a single witness but only if the testimony is credible and corroborated. The contradictions weakened the prosecution’s case, leading to Ngcobo’s acquittal.
