The Lusikisiki mass killing trial has taken another twist with one of the defence lawyers withdrawing from the case.
Attorney Xolile Babane on Wednesday afternoon filed an application with judge Richard Brooks, stating that he was withdrawing from the matter with immediate effect.
Babane said his withdrawal was for family reasons.
He works for Legal Aid SA and represents Songezo Mashiya Vuma, accused number five in the matter.
Babane withdrew just three days after the trial, being heard by the Mthatha High Court sitting in Lusikisiki, resumed on Monday.
His resignation came as defence lawyers were scheduled to cross-examine Lonwabo Abi, the former accused who has turned state witness.
Babane has been involved in the case since the accused appeared in court following their arrest.
Vuma was the last of the accused to be arrested — in Qonce en route to Cape Town on January 5 2025.
He made his first court appearance on January 7 2025.
He has pleaded not guilty, citing compulsion, saying he was forced and threatened “to do what he did”.
According to Abi, Vuma is the trusted right-hand man of Mzukisi Ndamase, the man accused of being the mastermind of the massacre.
Brooks postponed the matter to Monday for a new lawyer to be found.
Before Babane’s withdrawal, the defence team had started poking holes in the state’s evidence, including statements made by Abi, accusing him of changing his evidence.
Defence attorney Mawande Nokwali, for accused Aphiwe “AP” Ndende, 25, has established some alleged contradictions between Abi’s confession statement and his witness statement.
“What you say in the confession statement changes in the 204 witness statement.
“There are things that you are fabricating in your witness statement.
“Also, whenever a mistake is picked up, you do not want to take responsibility. And you always blame another person,” Nokwali said.
Some of the contradictions related to where Abi found the firearms when he met some of the men accused of the massacre.
Abi told the court he wanted to confess from the moment he handed himself over to the police.
He said he had co-operated with the police investigation and confessed to his role in the crime.
The trial resumed on Monday after being postponed in September.
Six men — Ndamase, 46, Ndende, Siphosoxolo Myekethe, 45, Bonga “Rico” Hintsa, 31, Vuma, 21, and Mawethu Nomdlembu, 36 — face a total of 29 charges, including 19 counts of murder. All have pleaded not guilty.
Eighteen people — 15 women, a 13-year-old boy, and two men— were shot dead at two homesteads early on September 28 2024.
The 19th murder charge relates to the killing of an ANC Alfred Nzo regional leader, Mncedi Gijana, at his home in KwaBhaca on August 19 2024.
Abi had testified that Ndamase, who is already serving a life sentence for murder and robbery, orchestrated the killings by telephone from his cell in the Wellington Prison in Mthatha, where he was in custody at the time.
He allegedly gave orders to Abi and other men.
Ndamase is the only accused representing himself.
Abi and another former accused, state witness Zenande Paya, have since had charges against them withdrawn.
Abi said though Ndamase had given instructions to many of the accused, on that day in question, no orders were conveyed through Ndende.
He said Ndende was the newest member of the Ndamase group.
The court heard that Ndamase had ordered Abi to assist in searching for the Gqubeni Boys gang, which Ndamase believed had raided his home at Ngobozana and shot and wounded his younger brother.
Abi’s testimony is central to the prosecution’s case, as it implicates Ndamase and others.
Abi earlier told the court that Ndamase had previously also ordered the killing of several other people, including senior Ingquza Hill municipal councillor Fundisile Ranai, 49, and his 18-year-old son, Siyolise, who were shot dead at their home in Lusikisiki’s Joe Slovo Park on September 16 2022.
Abi told the court Ndamase also allegedly ordered the killing of a Dutywa-based police officer, Detective Sergeant Siviwe Mamba, outside his Colosa village home when unknown gunmen opened fire on March 4 2023.
He alleged Ndamase further ordered the killing of a Lusikisiki traditional leader, a pregnant woman, a traditional healer (sangoma) and a Matatiele taxi boss.
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