The Mthatha high court, sitting in Lusikisiki, has heard that firearms — including three AK-47 assault rifles — allegedly used in the Lusikisiki mass shooting belonged to Mzukisi Ndamase, who is already serving a life sentence for murder and robbery.
This was revealed during testimony on Thursday by Warrant Officer Ntsikelelo Sambundla of the provincial serious and violent crimes unit, who was part of the investigation team.
The alleged massacre mastermind, Ndamase, is accused of orchestrating the attacks from inside the Mthatha prison, where he is serving life for murder and a further 15 years for aggravated robbery.
Sambundla told the court that Ndamase instructed some of the accused to use the firearms.
However, when pressed, he admitted the information was hearsay. Ndamase immediately objected.
“I object. If it is hearsay evidence, the witness will not be in a position to answer my questions. This affects me,” Ndamase argued.
Judge Richard Brooks agreed, ruling that the evidence would not be admitted into the record.
He cautioned the prosecution for allowing such evidence in the first place.
Despite this, Sambundla went on to detail how investigators traced the firearms.
He said information led police to Zenande Paya’s home, but no guns were found.
A suspicious dug-up hole in the yard raised doubts about Paya’s denial. After further questioning, Paya led the team to the home of Mawethu Nomdlembu at Ntlezi village in Flagstaff.
There, hidden in the ceiling of one of the houses, police recovered four firearms, including three AK-47s and a hunting rifle, as well as magazines and 82 rounds of ammunition.
The weapons were presented in court on Thursday, and Sambundla confirmed they were the same firearms seized at Nomdlembu’s home.
Paya, 38, and Nomdlembu, 36, were arrested on October 17. Charges against Paya were later withdrawn after he turned state witness.
The accused — Ndamase, Aphiwe “AP” Ndende, 25, Siphosoxolo Myekethe, 45, Bonga “Rico” Hintsa, 31, Songezo “Mashiya” Vuma, 20, and Nomdlembu — face 29 charges.
These include 19 counts of murder, conspiracy to commit murder, attempted murder, kidnapping, armed robbery, and illegal possession of firearms and ammunition.
Among the victims was ANC leader Mncedisi Gijana, gunned down at his Lubhacweni home in KwaBhaca on August 19.
Police evidence shows Myekethe was arrested on October 7 at his home in Mthimde village, Lusikisiki.
He had been released on parole just months earlier, on May 2 2023, after serving 21 years of a life sentence for the 2002 murder of a policeman, armed robbery and possession of an illegal firearm.
Ndende and Hintsa were arrested in Port Shepstone on October 16.
Nomdlembu was arrested the following day in Flagstaff, allegedly with the four rifles now before the court.
Vuma was arrested on January 5 in Qonce while travelling on a bus bound for Cape Town.
Under cross-examination, Sambundla admitted that before leading police to Nomdlembu’s home, Paya was first taken to the Flagstaff police station for further questioning.
Defence lawyers argued this amounted to a coerced pointing-out rather than a voluntary lead.
“You failed to get co-operation at his home, so you took him to the police station, and suddenly he co-operated. That is very strange,” Vuma’s lawyer, Xolile Babane, said.
He pressed Sambundla on whether Paya’s constitutional rights had been violated.
Sambundla insisted it was not a pointing-out but a recovery operation.
He said Paya’s rights were explained, though the defence argued this only happened later, after questioning.
Cross-examination was postponed to Friday, with defence lawyers expected to continue challenging the admissibility and handling of the recovered firearms.
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.