Story audio is generated using AI
The Lusikisiki massacre trial took another dramatic turn this week after alleged mastermind Mzukisi Ndamase challenged the legality of correctional services’ handling of a cellphone prosecutors claim was used to orchestrate the killing of 18 people.
Ndamase, one of six men on trial for the mass shooting, used cross-examination in the Mthatha High Court, sitting in Lusikisiki, to question how prison officials searched his cell, seized the cellphone and transferred him to another prison.
The state alleges the killings were co-ordinated from inside Wellington Prison in Mthatha using a smuggled cellphone.
But Ndamase, who is representing himself, denied ever being found with a cellphone in his prison cell.
He insisted prison officials failed to follow proper search procedures and that the evidence may have been compromised.
The claims emerged during the testimony of former Mthatha acting area commissioner Ayanda Makhubalo.
Makhubalo told the court that prison officials searched Ndamase’s cell after receiving a tip-off from Brigadier Duduzile Ngculu, head of the serious and violent crimes investigation unit.
According to Makhubalo, Ngculu warned that a cellphone inside the prison was being used to communicate with people outside and was linked to the Lusikisiki killings.
“Brigadier Ngculu said there was a cellphone used in the prison to communicate with people outside and this has resulted in the killing of 18 people in Lusikisiki,” Makhubalo testified.
Officials then searched the cell and allegedly found the cellphone.
Ndamase disputed the process, arguing that the search specifically targeted him and that no SAPS-trained investigators were present during the operation.
He further alleged that after the phone was confiscated, it was kept unsealed in the commissioner’s office for several hours before being collected by Ngculu.
“The phone was never in a sealed bag, though this is evidence that should be protected and not corrupted,” Ndamase argued.
Central to his challenge is the timeline surrounding his transfer from Wellington Prison to the KuGompo City maximum security prison.
Ndamase said he was transferred on October 7 2024, the same day the phone was allegedly discovered, but only received disciplinary documents and formal charges on October 30.
He argued that this violated the Correctional Services Act, which required such processes to be completed within seven days.
Through his questioning, Ndamase attempted to challenge both the admissibility of the cellphone evidence and the legality of the disciplinary processes that followed.
He also questioned whether Correctional Services officials had the authority to investigate crimes committed inside prisons.
Correctional officials have the authority to enter any correctional centre to search for and seize items that may pose a threat
Makhubalo defended the actions of prison officials, saying correctional officers were legally empowered to conduct searches and seize prohibited items to protect prison security and public safety.
“Correctional officials have the authority to enter any correctional centre to search for and seize items that may pose a threat,” she said.
She maintained that the cellphone was found in Ndamase’s prison cell and that all disciplinary and transfer procedures were properly followed.
The cellphone dispute forms a key part of the state’s case in the Lusikisiki massacre trial, one of the deadliest mass shootings in the Eastern Cape in recent years.
Ndamase allegedly used the smuggled cellphone to issue instructions from prison to men on the outside.
On September 28 2024, gunmen armed with AK-47 rifles attacked two neighbouring homesteads in Ngobozana village, Lusikisiki, killing 18 people.
The victims included 15 women, a 13-year-old boy and two men.
The accused also face charges linked to the murder of ANC Alfred Nzo regional leader Mncedisi “Sincane” Gijana, who was shot dead at his home in Lujizweni village near KwaBhaca on August 19 2024.
Ndamase, already serving a life sentence for murder and 15 years for robbery imposed in 2007, is accused of masterminding both attacks from prison.
His co-accused are Siphosoxolo Myekethe, Aphiwe “AP” Ndende, Bonga “Rico” Hintsa, Songezo “Mashiya” Vuma and Mawethu Nomdlembu.
All six have pleaded not guilty.
The court has already heard testimony from nearly 40 witnesses, including survivors, relatives of victims, forensic experts and ballistic specialists.
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.