Murder accused’s cellphone was switched off following fatal shooting

ACCORDING to cellphone evidence, South African National Defence Force (SANDF) soldier, Warrant Officer Mbubanzi Desmond Zwakala, switched off his cellphone after Kimberley Boys' High pupil Amogelang Assegaai, 19, was fatally shot outside his home in Impala Road on October 23, 2022.

Zwakala had accused the deceased of taking his son’s cellphone.

Zwakala and his co-accused, David Khangumbe, appeared in the Northern Cape High Court this week, where they are facing charges of murder and obstructing the course of justice.

A cellphone analyst and profiler at the SAPS Crime and Intelligence Unit in Kimberley, Lieutenant-Colonel Hanlie Conradie, testified that Zwakala’s cellphone signal was picked up at the Rhodesdene and Kutlwanong cellphone towers on October 22 and 23.

“The cellphone was switched off at 8.28pm and there was no activity on the device until 10.07pm on October 22,” she stated

She indicated that a phone call was made from Zwakala’s phone to Assegaai’s number on October 23 at 4.54pm.

“Four SMSes were sent to Zwakala’s phone from Assegaai at 6.06pm.

“On October 23, Zwakala’s cellphone was switched off completely between 7 and 8pm.” 

Conradie added that cellphone communication was exchanged between Zwakala’s phone and that of his wife, as well as with Khangumbe, on October 24.

She pointed out that there was a dispute regarding the cellphone numbers of the accused, as the numbers were not registered in their names.

She explained that Khangumbe had reported a robbery in Kagisho in 2021, during which he provided the cellphone number in question as his contact detail at the police station.

Conradie further indicated that Zwakala’s son had opened a case in 2022 using the same cellphone number that also formed part of the investigation.

Zwakala’s legal representative, advocate Sakkie Nel, did not dispute that the cellphone number belonged to Zwakala. 

He added that his client admitted that a 9mm Parabellum pistol, seized by the SAPS, belonged to him.

The commanding officer at the army support base in Kimberley, Colonel Barney Mothlabakwe, stated that Zwakala was still employed by the SANDF as a provisions officer at the Supply Support Service Centre.

He indicated that Zwakala had undergone training in platoon weapons, bridging, and basic military training.

“Soldiers are required to achieve a 100 percent safety competency pass mark before they are permitted to handle any weapons,” he said.

Mothlabakwe was not aware that Zwakala had sustained a leg injury in 2022 and indicated that he drove his own motor vehicle. 

The defence previously told the court that Khangumbe assisted in driving Zwakala to the home of the deceased, as Zwakala had injured his leg.

It was also submitted that Zwakala was unable to report the incident immediately afterwards as the Kagisho police station was allegedly closed.

However, Lieutenant-Colonel Namahlubi Mbelebele, who was stationed at Kagisho police station at the time of the incident, testified that the station was always open.

“The lights are only switched off if there is load shedding, but there is a back-up lamp and the phones are in operation.”

The case continues before Acting Judge Dries van Tonder until April 5.