For the sixth time in the last seven months, the national intervention unit (NIU) has again failed to nail down prominent East London businessman and taxi boss Simphiwe “Gabs” Mtshala after his murder case with co-accused taxi boss Lwamkelo Sokatsi could not be enrolled.
Mtshala and Sokatsi spent two days behind bars after they handed themselves over to the NIU in East London on Tuesday.
They were then immediately transported to the Komani police station and were charged for their alleged involvement in the murder of slain Queenstown Uncedo Taxi Association (Qusta) chair Velile Makatesi.
Makatesi, 54, was shot at least four times outside the Native Lifestyle Pub and Grill restaurant in Komani in July 2024 and later succumbed to his injuries at an East London hospital.
The matter could not be enrolled on Wednesday after it emerged that the director of public prosecution’s (DPP) circular stated that only the DPP was authorised to make a decision to enrol legal cases related to Mtshala.
This, according to the taximen’s legal representative, Nqaba Nomvete, stems from a high court order against the minister of police in January following Mtshala’s legal standoff with the police after more than 50 high-calibre firearms and ammunition were seized from his East London home and business premises.
On Thursday, Nomvete said the matter could not be enrolled after the DPP cited lack of evidence.
“On Wednesday, the senior public prosecutor in Queenstown [Komani] told the court he does not have the prerogative to enrol the matter and asked for the DPP’s instruction.
“They didn’t appear before court the whole day and the investigating officer had to go to Grahamstown [Makanda] to hand over their case to the DPP to have an instruction.
“This morning, we were in court from 10am but the prosecution was not ready. They were waiting for the DPP’s instruction .
“Around 12, the DPP then said there is no evidence here so there is no reason to prosecute.
“Then the DPP made a comment that the time for detention has lapsed, so they must be released,” Nomvete said.
National Prosecuting Authority spokesperson Luxolo Tyali said the NPA dids not comment on matters that were not enrolled.
Mtshala, who owns an armed security company and is a Santaco provincial leader, has either been arrested or detained five times previously in the past seven months.
Each time, the charges were withdrawn and he was set free.
Nomvete said: “This NIU task team arrests to investigate, not investigates to arrest, that’s why it always fails when matters come here in court.”
Makatesi was the third Uncedo leader to be killed in Komani since 2021.
Former Uncedo Komani chair Sandi Mgobo was shot outside his home in August 2021.
A week later, his secretary ,Thamsanqa “Doc” Ngcongca, was shot dead execution style near his home in Nomzamo location.
Sokatsi was elected East London Taxi Association chair in April 2025.
A group within the association is challenging the election at the Makhanda high court.
Daily Dispatch
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.