Witness says shooting of KHS pupil was premeditated

AN EYEWITNESS who accompanied SANDF soldier Mbubanzi Zwakala when he allegedly shot Kimberley Boys' High matric pupil Amogelang Assegaai outside his home in Impala Road, Kimberley, believes the incident was a premeditated murder.

Both Zwakala and his co-accused, David Khangumbe, pleaded not guilty to charges of murder and obstructing the course of justice in the Northern Cape High Court this week.

A witness, Nkosinathi Mhlaba, who attended the valedictory party at the deceased's home in October 2022, testified that he saw the deceased assaulting one of his friends over the head with a plank.

“Assegaai was furious and told me that my friends were disrespecting his mother’s house. As I was trying to calm him down, my friends got out of the car. A fight broke out between a large group of people and we exchanged vulgar words.

“Zwakala’s son, Kamva, who was asleep in the car, woke up to assist our friends who were involved in the fight. He was injured and fell to the ground after he was kicked,” Mhlaba told the court.

He explained that he had not witnessed Assegaai assaulting Zwakala’s son.

“Assegaai went into the house and returned with a bread knife, probably to scare my friend. He dropped it when he saw Kamva lying on the ground, injured with a laceration to the head. I took him to the emergency room for medical treatment.”

He added that Zwakala became angry on October 23, 2022, when he informed him that he could not use his vehicle to search for a lost cellphone.

“I explained that I did not have any petrol. Zwakala was drinking with Khangumbe at his house. Later that day, my friends and I accompanied Zwakala to the deceased’s house. Zwakala wanted everyone who had attended the house party to go and look for his son’s cellphone.”

Mhlaba said that, while he had not personally seen Zwakala shoot Assegaai when they returned to collect the phone that evening, he was convinced it was pre-planned.

“I was having a conversation with my friends at the back of Zwakala’s vehicle when I heard a gunshot. When I looked up, the deceased was lying on the ground about five metres away from where Zwakala was standing.

“There was no reason to shoot Assegaai as there was no altercation whatsoever between Zwakala and the deceased. He alone knows why he shot the deceased.”

He added that Khangumbe’s reaction to the shooting “made no sense”.

“Khangumbe immediately switched on the ignition of the car when the bullet was fired. I would have questioned Zwakala over his actions instead of fleeing from the scene at high speed,” Mhlaba said.

Zwakala claimed that he went to Assegaai to enquire why his son was assaulted during the house party.

His legal representative, advocate Sakkie Nel, stated that Zwakala’s son had told his client that he was hit over the head with a beer bottle.

“The following day, Zwakala went to search for his son’s cellphone that went missing during the scuffle,” said Nel.

“My client thanked the neighbour who had assisted his son and exchanged contact details with the deceased so that he could call him to collect the cellphone later that day.”

He added that Zwakala always carried a .9mm pistol in his jacket “because of all the hijackings” in the area.

“He returned to the deceased’s house at around 7.30pm and called his son to inspect the phone. They noticed that it was damaged and that the SIM and memory card were removed. The deceased pushed my client against the wall and swore at him. Zwakala fired a warning shot into the air, whereupon the deceased ran through the gate.”

Nel pointed out that his client would not have brought a group of eyewitnesses to a murder scene.

“Khangumbe drove Zwakala’s car to the home of the deceased, as Zwakala had injured his leg.”

He added that Zwakala was unable to report the shooting incident as it was late and the Kagisho police station was closed.

“He decided to report the shooting and the assault of his son at the Kimberley police station the following day, whereupon he was later arrested.”

The legal representative for Khangumbe, advocate Khulani Biyela, denied that his client was on the scene or that he had any knowledge of the incident.

“He never committed any crime although he admits that he accompanied Zwakala to the residence of the deceased during the morning of October 23, 2022. He was not present at the time of the shooting.”

The case continues before Acting Judge Dries van Tonder. The State is represented by advocate Catherine Jansen and advocate Sue-Ann Weyers-Gericke.