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The cellphone allegedly linking six accused men to the Lusikisiki mass shooting that left 18 people dead has become the centrepiece of a fierce evidentiary battle in the Mthatha High Court.
The accused — Mzukisi Ndamase, 46, Aphiwe Ndende, 25, Siphosoxolo Myekethe, 45, Bonga Hintsa, 31, Songezo Vuma, 21, and Mawethu Nomdlembu, 36 — face multiple counts of murder linked to two separate attacks in the Eastern Cape.
The main attack happened on September 28 2024, when gunmen stormed two neighbouring homesteads belonging to the Sinqina sisters in Ngobozana village, Lusikisiki, killing 18 people — including 15 women, a 13-year-old boy and two men. A two-month-old baby survived.
The accused also face charges linked to the August 19 2024 murder of ANC councillor and regional executive member Mncedisi Gijana, who was gunned down at his home in Lubhacweni, KwaBhaca.
At the centre of the state’s case is a Huawei Y9 cellphone allegedly seized from Ndamase’s prison cell at the Wellington Prison in Mthatha.
Prosecutors allege Ndamase — who is serving a life sentence for murder and robbery imposed in 2007 — used the phone to direct the killings from behind bars while being considered for parole.
The state argues that calls and communications retrieved from the device link him to co-accused and reveal planning around the attacks and sourcing of firearms.
But Ndamase, the only accused conducting his own defence, wants the cellphone evidence excluded, insisting the device was never found in his possession and arguing that the chain of custody was compromised.
Since Monday, the court sitting in Lusikisiki has been hearing evidence about how the phone was seized, handled and stored.
The Huawei Y9 was booked into the SAP 13 exhibit register on October 1 2024 after prison officials allegedly found it in Ndamase’s cell the previous day.
Wellington Prison head Ayanda Makhubalo testified that after the phone was found, it was handed directly to police investigators.
Warrant Officer Ntsikelelo Sambudla told the court he and Brigadier Duduzile Ngculu travelled from Lusikisiki to Wellington Prison on September 30 2024 to collect the device.
“I took possession from Makhubalo and handed it to [Sergeant Sibulele] Yali the next day in Lusikisiki for booking,” Sambudla testified.
I went through the call log of the phone. After that, I kept it in the lockable safe in my office from October 1 to the 21st
Yali confirmed he booked the phone into the SAP 13 register and insisted proper procedures were followed.
However, he admitted examining the phone’s call log before it was sent for forensic analysis.
“I went through the call log of the phone. After that, I kept it in the lockable safe in my office from October 1 to the 21st,” Yali said.
“I preferred to keep it there because I was afraid it could be stolen if kept at the police station.”
Ndamase used cross-examination to point out what he described as serious irregularities.
The court heard the handset had two IMEI numbers, while investigators allegedly recorded two different cellphone numbers linked to the same device.
“How can one sim card have two numbers?” Ndamase asked.
He also questioned why a forensic evidence bag allegedly carried two different seal numbers and why evidence appeared to have been handed to cybercrime investigators on separate occasions by different officers.
Another major issue raised by Ndamase was that the phone remained in Yali’s office safe for about three weeks outside a sealed forensic evidence bag.
He argued this created an opportunity for tampering or substitution and deviated from standard evidence procedures.
Yali denied tampering with the device.
“I did not access messages or recordings, only the call log. Viewing the call log does not constitute tampering with evidence,” he said.
The court also heard that Myekethe, who was arrested on October 7 2024, had previously shared a prison cell with Ndamase and remained in contact with him after being released on parole in May 2023 after serving 21 years in prison.
The state is expected to call digital forensic analysts and MTN officials as the trial continues.
The outcome of the evidentiary dispute will determine whether the cellphone data is admitted as evidence.
Prosecutors say if the phone is accepted, it will form a central pillar of their case that Ndamase directed the Lusikisiki mass shooting from prison.
Daily Dispatch
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