A crucial piece of evidence in the trial for the murder of the University of Fort Hare vice-chancellor’s bodyguard, Mboneli Vesele, has been ruled inadmissible, dealing the state’s case a major blow.
On Wednesday, after lengthy arguments for and against the admissibility of a piece of paper found in the room of Thamsanqa Mgwetyana allegedly bearing his handwriting, judge Igna Stretch ruled the paper could not be used as evidence.
Reasons for the ruling, which was handed down at the Bhisho High Court, will be given in the judgment at the end of the case.
The writing on the note was alleged to be the same as that on a hitlist found in a maroon Jeep allegedly used in Vesele’s murder, containing the names of senior officials, mostly members of the university’s management.
Mgwetyana was said to be the author of both.
On Tuesday, three lawyers argued in court against the admission of the note after the conclusion of evidence given during a trial-within-a-trial to determine admissibility.
It was argued that Mgwetyana’s constitutional rights were violated in that his rights were not read to him and he consented to the search of his room without understanding what he was consenting to.
They also argued that the testimony of the police officers at the scene was contradictory.
Two of the police officers, Sergeant Acacius Mokoena and Constable Nokukhanya Ndlovu, testified that the piece of paper was found on the floor while Warrant Officer Sandile Ndumiso said the paper was found in a drawer.
It was further argued that the two versions were “mutually destructive” and could not be accepted by the court.
State prosecutor advocate Louis Sinclair argued that Mgwetyana was read his rights and was asked to consent to the search.
He submitted that evaluating the evidence as a whole and looking at the probabilities, Ndumiso’s recollection of searching for the paper and finding it in a drawer in Mgwetyana’s room was incorrect.
“This version is clearly not supported, even by his own affidavit.
“The corroborated evidence of both Sergeant Mokoena and Constable Ndlovu indicated that the exhibit was pointed out by Constable Ndlovu to Warrant Officer Ndumiso on the floor of the room.”
Sinclair submitted that Mgwetyana’s claim that he had not been read his rights should be rejected as false.
Mgwetyana, Zimele Chiliza, Mthobisi Khanyile, Nkosiyazi Maphumulo, Bafana Chiliza, Lindokuhle Manjati, Phelisa Nkonyeni and Isaac Plaatjies are in the dock facing various charges including the murder of Vesele, who was gunned down in January 2023.
They have pleaded not guilty to the charges including murder, conspiracy to commit murder, unlawful possession of a firearm and ammunition, and possession of a semi-automatic rifle and a .38 revolver.
After Wednesday’s ruling on the trial-within-a-trial, the main trial continued, with Ndumiso continuing his testimony.
In 2025, Ndumiso testified that cartridges and bullet fragments collected at the spot where Vesele was shot dead in Dikeni in January 2023, those picked up in a maroon Jeep abandoned not far from the scene, and those found in the BMW Vesele was driving, all came from a single firearm.
Police collected five cartridges in the stolen Jeep, while fragments of bullets were picked up in the BMW when it was examined weeks after the attack on Vesele, the bodyguard of university vice-chancellor Sakhela Buhlungu.
Mthobisi Dlamini, who was initially among the accused, pleaded guilty to stealing the car, valued at R160,000, in Durban in December 2022 and selling it for R3,500.
In August 2025, Dlamini was sentenced to 10 years in prison by the Bhisho High Court.
The trial is set to run for the next two weeks.
Daily Dispatch
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