The High Court in Polokwane, Limpopo, has dismissed an application to drop charges against two of the five accused in the killing of Collins Chabane Municipality Mayor, Moses Maluleke.
Shumani Nemadzodzi, Isaac Mudau, Wiseman Baloyi, Pfunzo Lidzebe and Tshianeo Munyai are being tried for Maluleke’s murder.
The defence lawyer representing Baloyi and Mudau had made an application for charges against the two to be dropped.
Advocate Amukelani Baloyi said that there is insufficient evidence linking the two accused with the killing.
“There is no evidence on the table, especially with regards to the nature of the evidence presented – there is no evidence that accused number four committed the offense which he could be convicted of. I’m also moving to accused number three my lady, Mr Mudau. He is also facing similar charges as accused number four and the evidence led is five witnesses and confessions – the state witness did not give any evidence.”
However, in her ruling, Judge Violet Semenya says although the prosecution is not required to prove the conduct of the accused in the crime, there is evidence that cannot be disputed which implicates the accused in the murder.
Nemadodzi denies involvement in the murder
Nemadodzi started testifying on Wednesday being led by his lawyer, Ruth Scott, and denied testimony made by Mulaudzi, who implicated him in the murder.
Mulaudzi, who was once on the list of the accused, has since turned state witness.
Nemadodzi told the court that Mulaudzi implicated him as he was paid money to do so.
He then told the court that he was arrested for the alleged possession of suspected stolen groceries and illicit cigarettes; and that he was informed about Maluleke’s murder while in custody.
Nemadodzi said that he had attended two meetings where they were guided on what to say in the trial.
“There were meetings that we attended together with Mulaudzi, investigating officers, family members as well as African National Congress (ANC) people. They were guiding us on what to say in the trial. I even know how much Mulaudzi was paid for saying what he said.”
Son’s testimony
During the trial in June last year, Maluleke’s son, Ntokoto, told the High Court that the security cameras, power & gate were off on the evening that his father was shot & killed.
Moses Maluleke’s son, Ntokoto, tells High Court that the security cameras, power & gate were off on the evening that Maluleke was shot & killed at his home in Xikundu in July 2023. Ntokoto is the state’s second witness in the trial of 5 accused in his father’s killing #sabacnews pic.twitter.com/WTCGwo3xWp
— Pimani Baloyi (@PimaniBaloyi) June 5, 2023
Ntokoto, who is the state’s second witness in the trial, was shot and injured that night.
According to a forensic report read into the court record, Ntokoto, was shot in his stomach.
VIDEO | Moses Malukeke’s son cross-examined (o5 June 2023):
The trial resumes today and Nemadodzi is expected to continue with his testimony.
