Story audio is generated using AI
More than 200 residents from one of two feuding Eastern Cape villages have petitioned a court to deny bail to a traditional leader accused of fatally shooting two men and wounding a third during a dispute over contested forest land.
Godini headman Nkosi Totosi Nyangiwe Ndamase, 76, appeared in the Ngqeleni Magistrate’s Court on Wednesday.
He faces two counts of murder and one of attempted murder after allegedly opening fire on three men who were collecting dry wattle firewood in the forest in the Ngqeleni area on May 14.
One victim, Simphiwe Mphothuwana, 29, died at the scene after he was allegedly shot in the head, while Siyasanga Zikhanye Ngwabavu, 22, later succumbed to his wounds in the Nelson Mandela Academic Hospital in Mthatha.
A third victim, Masande Marhawule, 30, was wounded and was treated and discharged.
The shooting has reignited tensions between villagers in the neighbouring Bhantini and Godini administrative areas over ownership of the forest land, which has been in dispute for nearly two decades.
Ndamase, represented by veteran attorney Mpumelelo Notununu, is applying for bail.
He maintains he acted in self-defence after being attacked and has argued that he is not a flight risk and will not abandon the community of more than 2,000 people he has led for decades.
The state is opposing bail, arguing that his release could disturb public order and undermine confidence in the justice system.
During proceedings on Wednesday, senior state advocate Thamsanqa Kwetani submitted a petition signed by about 210 Bhantini residents opposing Ndamase’s release.
“We the people of Bhantini, in solidarity and support of the victims and their families, have come together, drafted and compiled this petition to the court on our behalf through the state prosecutor.
“We believe that in doing so, justice will be served and the rule of law will surely be upheld by the court,” the document reads.
The petitioners argued that Ndamase could evade trial, interfere with witnesses and intimidate complainants.
“We strongly believe that the accused will evade trial given his condescending and patronising character which we experienced during the bail hearing proceedings where he has, instead of answering questions during cross-examination, arrogantly dismissed questions and opted to question the state prosecutor.”
Residents also expressed fears that Ndamase could use his position as a traditional leader to influence witnesses or interfere with evidence.
“Based on our experience of circumstances that have occurred in the past, the accused will definitely use his power as chief to coerce victims and possible witnesses in the case with intentions of destroying evidence and weakening the case.”
The petitioners further argued that Ndamase posed a risk to public safety.
“We strongly believe the accused, given his arrogant character, even after he had [allegedly] committed such gruesome atrocities but yet does not show remorse and bluntly states that he acted in self-defence, will surely have the courage to act or do anything that might harm those that do not support him in this case and anyone who sympathises with the victims’ families.”
The petition also raised concerns about the safety of investigators and the integrity of the investigation.
“Given the fact that the accused now knows the investigating officer of his case and has learnt during the bail hearing proceedings that the investigating officer is in possession of all his previous case dockets that were submitted as evidence, previously pointing out the accused’s conduct and how he had dealt with people he disagreed with, we believe therefore that the accused might act or do something that might stop the investigating officer from doing their work efficiently and adequately.”
The petition warns that granting bail to Ndamase could inflame tensions in the area and trigger unrest.
“We the community of Bhantini have been outraged by the actions of the accused to a point where we have been attending and even picketing outside the court, showing our hurt emotions and standing in solidarity with the victims’ families.
“We fear that if justice is not served, we the people of Bhantini will have no choice but to march and petition the court until our demands are taken into consideration.
“Having the accused granted bail will fuel the already ignited people’s anger.”
The bail hearing was postponed to Thursday for closing arguments.
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.